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Judgment
Ravi Malimath
Aggrieved by the Judgment and award dated 3-10-2008 passed in MVC. No. 4187/2007 on the file of XIX Additional SCJ, MACT, Bangalore, the claimant has preferred this appeal. The case of the claimant is that on 12-1-2007 at about 6.40 p.m., on Old Madras Road, Benniganahalli Bus Stop, when the petitioner was travelling in a Mini Bus bearing No. KA-01-F2730, when he was getting down from the bus, all of a sudden, the driver of bus drove in a rash and negligent manner, as a result of which the petitioner fell down and the wheel of the mini bus ran over his legs due to which he sustained fractures and sustained permanent disabilities. That she was a tailor earning Rs. 6,000/- per month and she has spent huge sums of money towards medical treatment and thereafter claim Petition was filed wherein by the impugned Judgment and award a sum of Rs. 2,23,000/- with interest @ 6% per annum was granted from the date of the petition till its realisation. Being dissatisfied with the quantum this appeal is filed seeking enhancement.
Heard counsels and examined the records.
3 The compensation awarded by the Tribunal is as follows:-
1) Pain & suffering
Rs. 22,000/-
2) Future loss of earnings
Rs. 1,53,000/-
3) Medical expenses
Rs. 6,000/-
4) Loss of income during the period of treatment
Rs. 5,000/-
5) Attendant charges
Rs. 2,000/-
6) Conveyance & incidental expenses
Rs. 3,000/-
7) Food & nourishment
Rs. 2,000/-
8) Disfigurement
Rs. 10,000/-
9) Loss of future conforms and amenities
Rs. 10,000/-
10) Less of marriage prospects
Rs. 10,000/-
Total
Rs. 2,23,000/-
The Tribunal while considering the income of the claimant has taken the same at the rate of Rs. 100/- per day. In the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, , the Hon''ble Supreme Court has taken the income of a daily wager at Rs. 4,500/- per month for an accident that occurred in the year 2004. In the instant case, the accident is of the year 2007. The claimant is a tailor by profession. She has even produced the Tailoring Certificates vide Ex. P-12 and Ex. P-13 to substantiate the same. Hence, under the given circumstances it would be just and reasonable to take the income at Rs. 4,500/- as her monthly income. The Doctor in his evidence has stated that she has suffered 30% of the whole body disability which is acceptable. Hence, loss of future earnings is calculated as follows:-
Rs. 4,500 x 12 x 18 x 30% = Rs. 2,91,600/-
The claimant was stated to be 20 years age on the date of the accident. However, the Tribunal has taken the age at 25 years as found in the wound certificate. Between the age of 21 to 25 the multiplier is 17, which is adopted. She has produced the medical bills to an extent of Rs. 2,449/- and a sum of Rs. 6,000/- is awarded towards medical expenses. The same is just and reasonable and does not call for any enhancement. A sum of Rs. 5,000/- is awarded towards loss of income during the period of treatment. In view of the injury suffered by her she would reasonably not be in a position to resume her duties atleast for a period of 6 months. At the rate of Rs. 4,500/- for 6 months a sum of Rs. 27,000/- is awarded towards loss of income during the period of treatment. A sum of Rs. 2,000/- is awarded towards attendant charges and a sum of Rs. 3,000/- towards conveyance expenses and other incidental expenses. A sum of Rs. 2,000/- is awarded towards food and nourishment. The same are undisturbed. A sum of Rs. 10,000/- is awarded towards disfigurement. The petitioner being a young person, disfigurement will tell upon her life forever. Accordingly, she is entitled to a sum of Rs. 25,000/- for disfigurement. Towards loss of marriage prospects, in view of the accident and the injuries the same is enhanced to a sum of Rs. 25,000/- and a sum of Rs. 20,000/- towards loss of future comforts and amenities.
Hence, the compensation awarded is as follows:-
1) Pain & suffering
Rs. 22,000/-
2) Future loss of earnings
Rs. 2,91,600/-
3) Medical expenses
Rs. 6,000/-
4) Loss of income during the period of treatment
Rs. 27,000/-
5) Attendant charges
Rs. 2,000/-
6) Conveyance & incidental expenses
Rs. 3,000/-
7) Food & nourishment
Rs. 2,000/-
8) Disfigurement
Rs. 25,000/-
9) Loss of future comforts and amenities
Rs. 20,000/-
10) Loss of marriage prospects
Rs. 25,000/-
Total
Rs. 4,23,600/-
Therefore, the amount of compensation stands enhanced by a further sum of Rs. 2,00,600/- (Rs. 4,23,600-Rs. 2,23,000/- ) which shall bear interest at the rate of 6% per annum from the date of Petition. The enhanced sum shall be settled within 8 weeks from the date of receipt of copy of this order.