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Judgment
A.V. Chandrashekara, J.—Present appeal is filed by the insurer challenging the quantum of compensation awarded to the 1st respondent, claimant in MVC No. 716/2010 by the MACT-XII, Bijapur on 11.04.2011. In all, a sum of Rs. 4,41,215/- has been awarded as compensation with interest @ 6% p.a. from the date of THE petition till realization. The amount of compensation awarded under different heads is found in page No. 19 of the impugned judgment and it is as follows:
Learned counsel appearing for the appellant -insurance company has not disputed about the accident that took place and the claimant being injured in the said accident. What is argued by him is that the Tribunal has erroneously awarded a sum of Rs. 3,37,405/- under the head "medical expenses-incurred", instead of the actual amount spent for treatment based on the medical bills placed on record. There is a lot of force in the submission made by the learned counsel for the insurer. With the assistance of both the learned counsel, the bills were verified and after due calculation, the exact amount spent for treatment and medicine is Rs. 1,91,143/- instead of Rs. 3,37,405/-. Therefore, a sum of Rs. 1,46,262/- has been awarded in excess of what was actually incurred under the head medical expenses and treatment. Therefore, to that extent, the compensation will have to be modified.
Admittedly, the injured had swelling and tenderness over right knee joint, tenderness on inguinal fold of right side hip area. X-ray discloses the fracture of both hip joints extending up to pelvis. It further discloses the fracture of neck of femur on right side. He had taken treatment as an inpatient in hospital for a period of 17 days at Al-Ameen Medical College Hospital, Bijapur and from 21.2.2010 to 8.3.2010 in Dr. G.S. Kulkarni Hospital at Miraj. A sum of Rs. 50,000/- is awarded under the head pain and suffering. The accident is of the year 2010. Petitioner was working as an employee of Bijapur District Central Co-operative Bank. Taking into consideration the gravity of the injuries sustained by him and the number of days spent in the above two hospitals as an inpatient, a sum of Rs. 60,000/- would be reasonable amount under the head "pain and suffering" instead of Rs. 50,000/-.
Admittedly, claimant was drawing a salary of Rs. 11,810/- per month. He has been given half-month salary and he is not given one month''s salary, which he has lost by way of LWA. Therefore, loss of salary to an extent of one and half months will have to be taken into consideration. The total loss of salary would be Rs. 17,250/- instead of Rs. 11,810/-.
A sum of Rs. 25,000/- is awarded under the head "loss of amenities and future unhappiness:. Admittedly, the claimant had suffered fracture of both the hips and neck of femur on right side. It had extended upto pelvis region. Anyhow, the fractures so sustained by him have not come in the way of rendering his duty as an employee of Bijapur District Central Co-operative Bank; but definitely he will be put to lot of inconvenience and hardship and deny of pleasure and amenities in future. These facts will have to be taken into consideration. This unhappiness will be there throughout his life because of the fracture of the right femur and the fracture which had extended upto pelvis region. Instead of Rs. 25,000/-, a sum of Rs. 75,000/- would be the reasonable amount under the head "loss of pleasure and amenities in future life."
The Tribunal has awarded a sum of Rs. 17,000/- towards incidental and conveyance charges. This amount appears to be on the lower side. Taking into consideration that the claimant was in hospital for almost two months and he had to travel in a private vehicle from his native place to Miraj and had to go to the concerned doctor for follow up treatment, a sum of Rs. 30,000/- would be the reasonable amount under the head "incidental and conveyance charges".
Thus, the just and total compensation which has to be awarded in the present is as follows:
Thus, the claimant is entitled for a sum of Rs. 3,73,393/- only as calculated above and not Rs. 4,41,215/- as awarded by the Tribunal.
Thus, the appeal will have to be allowed, reducing the compensation from Rs. 4,41,215/- to Rs. 3,73,393/-. The interest will have to be calculated at 9% p.a. from the date of filing of the petition till realization.
Appeal is allowed with costs. The judgment and award of the Tribunal stands modified accordingly, calculating the total compensation at Rs. 3,73,393/- (rupees three lakhs, seventy three thousand, three hundred and ninety three only) with interest @ 9% p.a. therein from the date of filing of the petition till realization.
If the amount is not deposited by the insurance company, the same shall be deposited within two months from today before the jurisdictional Tribunal, without fail.
In the event of deposit, a sum of Rs. 3,00,000/-. Shall be released in favour of the claimant and remaining shall be kept in Fixed Deposit in his name in any nationalized Bank of his choice for a period of five years with a liberty to withdraw the accrued interest periodically.