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Judgment
B. Manohar, J.—Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 18.03.2010 in MVC No. 3148/2009 passed by the MACT, Bengaluru, has filed this appeal seeking for enhancement of compensation.
The claimant filed the claim petition contending that on 24.04.2009 at about 7.45 a.m., while the claimant was proceeding in his Scooter on Vijayanagar Club Road, at that time a motor cycle bearing registration No. KA-02 EX-6852 came in a rash and negligent manner and dashed against the Scooter of the claimant. Due to the said accident, the claimant sustained grievous injuries to the head and other parts of the body. Immediately he was taken to Sharavathi hospital, wherein he was treated as inpatient from 24.4.2009 to 01.05.2009. In the accident, the claimant has sustained fracture of both bones of right leg and other injuries to the body. In the hospital he had undergone surgery on 24.04.2009 for compound fracture of both bones of right leg with closed reduction and internal fixator with interlocking nail has been made.
It is the further case of the claimant that prior to the accident he was running Balaji Condiments, in view of the accident and fracture of both bones of right leg, he cannot do the work in the condiment store. Hence, sought for compensation of Rs. 7,00,000/-.
Though respondent No. 2 was served with notice, he remained unrepresented. The first respondent Insurance Company filed written statement and denied the entire averments made in the claim petition and also denied the rash and negligent riding of the offending vehicle. However, the Insurance Company admitted the insurance policy in respect of the offending vehicle and sought for dismissal of the claim petition.
In order to prove his case, the claimant examined himself as PW 1 and examined two doctors who treated him as PW 2 and PW 3 and got marked the documents as Ex. P. 1 to Ex. P. 18. None of the witnesses were examined on behalf of the respondent, however, insurance policy was marked as Ex. R1, with consent of the parties.
On the basis of the oral and documentary evidence let in by the parties and taking into consideration the spot mahazar, sketch, charge sheet and copy of the complaint, the MACT has held that due to rash and negligent riding of the offending vehicle, the accident has occurred, hence, the claimant is entitled for compensation. With regard to the quantum of compensation is concerned, the Tribunal has not awarded any compensation with regard to future loss of income, though the doctor assess the permanent disability to an extent of 16% to whole body. However, the Tribunal has awarded a sum of Rs. 30,000/- towards pain and suffering. Rs. 15,000/- towards loss of amenities, Rs. 73,000/- towards medical expenses and Rs. 5000/- towards loss of future medical expenses, in all Rs. 1,23,000/- with interest at 6% p.a. Being not satisfied with the quantum of compensation, the claimant has filed this appeal.
Sri D. Manmohan, learned counsel appearing for the appellant contended that Judgment and Award passed by the Tribunal is contrary to law. No compensation is awarded towards future loss of income, loss of income during laid up period, and attendant & nourishment charges, though, the claimant has examined two doctors to prove his permanent disability. The order passed by the Tribunal requires modification and sought for enhancement of compensation.
On the other hand, Sri M Sowri Raju, learned counsel appearing for the first respondent argued in support of the judgment and award passed by the Tribunal and contended that the tribunal has awarded just and fair compensation, hence sought for dismissal of the appeal.
I have carefully considered the arguments addressed by the learned counsel for the parties and perused the judgment and award, oral and documentary evidence let in by the parties.
The records clearly disclose that the claimant met with a road traffic accident occurred on 24.4.2009 on Vijayanagar main road. In the accident, the appellant sustained compound fracture of both bones of right leg and other injuries to the body. He has undergone surgery with internal fixation and interlocking nail. He was inpatient from 24.4.2009 to 1.5.2009. Thereafter he has taken follow up treatment for a period of two months. The doctor who has treated the claimant assessed the permanent disability to an extent of 32% to the lower limb and 16% to the whole body and further he has also deposed that there is mal-union of bones. The tribunal has not awarded any compensation towards future loss of income, though the claimant has sustained permanent disability to an extent of 32% to the lower limb. At the time of accident, the claimant was aged about 34 years, hence he is entitled to compensation under the head future loss of income.
The record further discloses that the claimant is running Balaji Condiments by taking the premises on lease. Hence, the income of the claimant is to be taken as Rs. 5,000/- p.m., considering the disability to an extent of 10% and applying the multiplier 16, the claimant is entitled to a compensation of Rs. 96,000/- towards future loss of income. Further, no compensation has been awarded with regard to loss of income during the laid up period. In view of the fracture of both bones of right leg, he has out of business for a period of two months. Hence, the claimant is entitled for Rs. 10,000/- towards loss of earning during the laid up period. No compensation is awarded towards attendant charges, nourishment and other incidental expenses. Hence, the claimant is entitled for Rs. 14,000/-. In all, the claimant is entitled to enhanced compensation of Rs. 1,20,000/- in addition to Rs. 1,23,000/- awarded by the Tribunal with interest at 6% p.a.
Accordingly, I pass the following:
The appeal is allowed in part. The impugned judgment and award dated 18.3.2010 passed by the VI Addl. Judge, Court of Small Causes and MACT, Bengaluru in MVC No. 3148/2009 is modified. The claimant is entitled for enhanced compensation of Rs. 1,20,000/- in addition to the Rs. 1,23,000/- awarded by the Tribunal with interest at 6% p.a.
50% of the enhanced compensation with accrued interest shall be kept in the fixed deposit in any nationalized bank in the name of the appellant, for a period of three years.