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Judgment
Ravi Malimath
Aggrieved by She judgment and award in M.V.C. No. 2020/2005 dated 29.03.2007, the insurance company has filed M.F.A. No. 10549/2007 on the ground that the quantum of compensation is excessive. The claimant has filed M.F.A. No. 10234/2008 seeking enhancement of compensation. Since both the appeals arise out of the same accident, they are heard together. The sole contention of the counsel for the insurance company is that the Tribunal has committed an error in awarding a sum of Rs. 1,35,000/- towards loss of future earning capacity. He contends that the claimant was a minor aged sixteen years on the date of accident and hence, there is no question of arriving at a loss of future earning. He therefore contends that Rs. 1,35,000/- to be deleted from the amount of compensation awarded.
The counsel for the claimant contends that what has been awarded is not the loss of future earning but the loss of future earning capacity. The capacity of the claimant to earn a regular income is terrified by the injury sustained by him by virtue of accident The claimant hiss suffered a damage to his liver and a fracture of the left ribs and was discharged from the hospital and undertook bed rest for a period of four months. He contends that even though the claimant was a minor, he was working as a mason and earning a sum of Rs.200/- per day. Therefore, the sum (awarded towards lose of future earning requires to be enhanced.
Heard counsel and examined the records.
The Tribunal awarded Rs. 50,000/- towards pain and suffering, Rs. 1,500/- towards attendant charges, Rs. 5,000/- towards minimum medical expenses, Rs. 10,000/-towords special diet, extra nourishment and conveyance including other Incidental charges, Rs. 5,000/- towards loss of earnings during the course of treatment and Rs. 1,35,000/ towards loss of future earning capacity. Calculated on the basis that the annual income of the petitioner is Rs. 15,000/-, if 60% of the same is deducted it comes to Rs. 9,000 and by applying a multiplier of 15, sum of Rs. 1,35,000/- is awarded. A sum of Rs. 35,000/- is towards loss of amenities, future prospects and unhappiness.
The contention of the learned counsel for the insurance company is that the award under the head future loss of earning capacity cannot be granted to a minor. I am unable to accept the said contention. This is not a case of a minor simplicitor. The claimant/minor was a mason by profession and claims to be a earning member earning Rs. 200/- per day. He has stated so in his evidence. In the cross examination also, the claimant has stated that he was doing work of mason ever since he was aged about 14 years. Hence, this part of the evidence would clearly show that it is not a case of a minor who is not employed. It is the case of a minor who was employed and earning. Therefore, the submission of the counsel for the insurance company that the Tribunal committed an error in granting compensation to a minor is wholly misconceived. No other ground having been urged, I am of the considered opinion that the appeal by the insurance company seeking reduction of the compensation under this head cannot be accepted and consequently, the appeal is rejected.
The case of the claimant is that he was earning Rs. 200/- per day. There is no material placed by him to establish the same. The accident is said to have been taken place in the year 2003. He has suffered fracture of the 9th to 11th ribs and injury to the liver. Ex.R2 namely the wound certificate is corroborated by the evidence on record. In view of the claim of the petitioner and in view of the fact that the injury took piece in the year 2000, it would be appropriate to workout the income of the claimant at a sum of Rs. 3,000/- per month. Since the claimant is a minor aged sixteen years, it will appropriate to apply the multiplier of 18. The claimant will be entitled to a sum of Rs. 3,88,800/- (3000 x 12 x 18 x 60%).
It is material to note what is affected is not just the future earnings of the claimant but also the earning capacity of the claimant Having an Injury to the liver, one cannot perform normal function as of a common man. Ailments are easily attracted to persons suffering from liver injury, Therefore, the relevance of the capacity to earn in future would have to be reckoned. In view of the income being taken at a sum of Rs. 3,000/- p.m. and the fact that the he was laid up for a period of four months the said amount is enhanced to a sum of Rs. 12,000/-. Accordingly, the claimant is entitled to an enhanced compensation of Rs. 2,41,800/- (Rs. 3,88,800-12,000-1,35,000). The enhanced compensation shall carry interest at 6% p.a. from the data of petition till payment which shall be paid within eight weeks from the date of receipt of a copy of this order. The appeal filed by the claimant is consequently partly allowed. The amount in deposit be transferred to the tribunal forthwith for necessary orders.