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Judgment
S. Sujatha, J. - This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Bangalore, [the "Tribunal", for short] in MVC No. 8877/2009.
Briefly stated the facts are:
That the appellant filed claim petition before the Tribunal contending that he sustained grievous injuries in the motor vehicle accident which occurred on 28.11.2009 owing to the actionable negligence of the rider of the motor cycle bearing registration No. KA-03-V-10. The Insurer entered appearance and contested the matter. The Tribunal, after analysing the evidence on record, awarded the total compensation of Rs. 1,98,845 with interest at 6% per annum. Being aggrieved, the appellant is before this Court.
Heard the learned Counsel for the parties and perused the material on record.
The injured was aged about 20 at the time of the accident and his occupation was fitter/welder. It was contended that he was earning Rs. 6,000 per month. In the absence of convincing evidence placed on record, the Tribunal determined the monthly income of the injured at Rs. 4,000 which is on lower side compared to the standard mode now adopted by this Court in identical circumstances.
Considering the age and the date of the accident i.e., on 28.11.2009, it would be reasonable to re-determine the monthly income at Rs. 5,000. The Doctor who was examined as PW.2 had assessed the permanent physical disability to the whole body at 15%. The same has been adopted by the Tribunal. Thus, applying the same, the loss of future income works out to Rs. 1,62,000 [5,000 x 12 x 18 x 15%].
The compensation awarded by the Tribunal towards loss of income during treatment period requires to be enhanced to Rs. 15,000 [5,000 x 3] in vie w of the re-determination of the monthly income at Rs. 5,000.
It is evident from the record that the appellant had undergone surgery to set right the fracture suffered by him in the accident in question which necessarily requires future medical treatment i.e., to remove the ortho implants fixed. Considering the age and the relevant medical expenses that has to be incurred by the claimant, it would be reasonable to award a sum of Rs. 20,000 towards future medical expenses. In all other respects, the compensation awarded by the Tribunal remains undisturbed.
The compensation awarded by the Tribunal is modified as under:
SI. No.
Particulars
Amount (in Rs.)
1.
Pain and sufferings
23,000
2.
Loss of amenities
15,000
3.
Loss of earnings during laid up period
15,000
4.
Medical expenses
23,512
5.
Loss of future income
1,62,000
6.
Future medical expenses
20,000
7.
Conveyance, nourishment and Attendant charges
6,000
Total
2,64,512
Thus., the compensation awarded by the Tribunal is modified to Rs. 2,64,512 as against Rs. 1,98,845. The award amount shall carry interest at 6% per annum from the date of the petition till the realization.
In the result, the appeal stands allowed to the extent indicated above.
Sri. M.V. Poonacha, learned counsel is permitted to file vakalat on behalf of Respondent No. 2.