AI Structured Summary
Not yet generated for this judgment
Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
I have heard Smt. Suneetha, learned Counsel for claimant and Sri. H.S. Lingaraj, learned Counsel for insurance company.
The claimant has filed this appeal for enhancement of compensation interalia contending that the Tribunal has committed an error in holding that claimant was guilty of contributory negligence of 25% and also the compensation awarded is inadequate.
The Tribunal on the basis of police records and medical records produced by the claimant has held that, at the time of accident, the claimant was sitting on Footpath in an inebriated state and he was unmindful of the vehicles plying on the road. The medical records would disclose that the claimant was under the influence of alcohol when he was taken to the hospital. The accident took Place near D.G. Halli circle. The claimant was sitting on the road at the time of accident.
In this appeal, the first Respondent, the owner of vehicle involved ill the accident has been given up. In the absence of first Respondent, the finding of the Tribunal on Issue No. 1 cannot be reconsidered. Therefore, I confirm the finding recorded by the Tribunal. on Issue No. 1.
As a result of the accident, the claimant had suffered fracture of both bones of left leg and degloving injuries on the right foot. The claimant was treated in Bowring Hospital. Even after complete treatment his condition did not improve. As per medical evidence of P.W. 2 - Dr. S. Rajanna and photograph produced by the claimant, his right lower limb is in a deformed state. The claimant has unsuccessfully contended that he was a Painter by occupation. Yet, the fact remains, he was sustaining by manual work.
Considering the nature of injuries, the Tribunal has assessed the permanent physical disability vis-a-vis loss of earning capacity of claimant at 15%. In my considered opinion, the permanent physical disability vis-a-vis loss of earning capacity of claimant is 20%.
The Tribunal has awarded compensation of Rs. 1,63.000/- under following heads:
I Pain and suffering - Rs. 45,000
II Medical expenses - Rs. 5,000
III Loss of income during treatment Period - Rs. 12,000
IV Future loss of income - Rs.81,000
V Loss of amenities - Rs.20,000
Total Rs.1,63,000
On hearing the learned Counsel for parties and on reconsideration of the matter, I find that compensation awarded by the Tribunal under the head ''loss of earning during laid up period'' is inadequate; so also, ''loss of earning capacity and future loss of earnings''. The Tribunal considering the degloving injury suffered by the claimant should have made provision for ''future medical expenditure". Therefore, compensation awarded by the Tribunal is modified as follows:
I Pain and suffering - Rs.45,000
II Medical expenses - Rs.10,000
III Loss of earning during laidup period (Rs. 3, 000 x 5) - Rs.15,000
IV Loss of earning capacity (Rs. 3,000 x 12 x 16 x. 20) - Rs.1,15,200
V Loss of amenities - Rs.30,000
Total - Rs.2,15,200
I have confirmed the finding of the Tribunal that claimant was guilty of contributory negligence to an extent of 25%. Therefore, the claimant is entitled to total compensation of Rs. 1,61,400/-.
In the result, I pass the following:
ORDER
(i) Appeal is accepted in part.
(ii) The impugned award is modified by enhancing compensation of Rs. 1,22,250/- awarded by tribunal to Rs. 1,61,400/-.
(iii) The enhanced compensation shall carry interest at the rate of 6% per anum.
(iv) The rest of the award as it relates to period of accrual of interest and liability of Respondents is confirmed.
(v) The payment and investment shall be in the ratio evolved by the tribunal. Parties to bear their costs.