S. Gopala Krishna vs Depot Manager,KSRTC

S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 3941/2011 dated 12.12.2012 on the file of the Motor Accident Claims Tribunal, Bangalore, whereby the Court below has awarded total compensation of Rs. 1,64,400/- with interest at 6% per annum from the date of application till the date of deposit. The learned counsel for the appellant/claimant submits that the claimant was aged about 65 years. He had suffered 44.16% permanent disability to the whole body. The Court below has strangely taken his permanent disability to the whole body at 20%. It is argued that the claimant was doing agriculture and earning more than Rs. 6,000/- p.m. The Court below has taken his income at Rs. 3,000/- per month for the purpose of computation of loss of future earning capacity. It is argued that the award of compensation under all the other heads is on the lower side.

On the other hand, learned counsel appearing for the respondent-Corporation has sought to justify the impugned judgment and award.

I have carefully considered the arguments of the learned counsel made at the Bar and perused the materials placed on record.

There is no dispute as to the occurrence of the accident and the liability on the respondent- Corporation to pay compensation. Having regard to the contentions urged, the only question for consideration is whether the compensation awarded by the Tribunal is adequate?

It is no doubt true that the doctor has assessed permanent disability at 44.16% to the whole body. The detailed neuropsychological assessment was done on 11.06.2012 which reveals certain percentage of impaired mental speed, focused attention, sustained attention, category fluency and verbal fluency etc., The Court below has considered this aspect in detail and has assessed permanent disability at 20% to the whole body, which is just and reasonable.

Though the claimant contends that he was earning Rs. 6,000/- per month, the same has not been established by leading evidence. It is just and proper of notionally fix to Rs. 4,500/- per month. Since he was aged about 65 years, the multiplier applicable to the case is 7. By taking his income at Rs. 4,500/- with the application of multiplier 7 and 20% permanent disability to the whole body, the compensation payable towards loss of future earning capacity come to Rs. 75,600/-.

The award of compensation in a sum of Rs. 30,000/- towards pain and suffering is just and reasonable. The claimant is entitled for Rs. 18,000/- (Rs. 4,500/- earning) towards loss of earning during treatment period. He is also entitled for Rs. 20,000/- towards loss of amenities and Rs. 10,000/- towards conveyance and nourishments etc., a sum of Rs. 58,000/- is awarded towards medical expenses.

Thus, the compensation payable to the claimant is reassessed as under:

The Court below has awarded total compensation of Rs. 1,64,400/- which has to be deducted from the aforesaid sum and the balance compensation payable to the claimant is Rs. 47,200/-. In the result, the appeal succeeds and allowed in part. The respondent-insurance company is directed to pay compensation in a sum of Rs. 47,200/- with interest at 6% per annum from the date of application till the date of deposit within a period of six weeks from the date of receipt of copy of this order. The claimant/appellant is permitted to withdraw the said amount on its deposit. No costs.