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Judgment
H.N. Nagamohan Das, J.—These two appeals are directed against the judgment and award dated 5.04.2006 in M:V.C. No.423/2001 passed by the MACT at Saundatti.
The grievance of the appellant/claimant is inadequacy of compensation awarded by the Tribunal. The grievance of the appellant-insurance company is that the compensation awarded by the Tribunal is on higher side.
In the impugned judgment, the Tribunal awarded compensation of Rs. 7,00,Q00/- under the following heads:
1) Future loss of earnings
Rs. 3,78,000 /-
2) Pain and sufferings
Rs. 1,00,000/-
3) Loss of amenities
Rs. 1,00,000/-
4) Loss of expectation of life
Rs. 25,000/-
5) Medical expenses
Rs. 57,000/-
6) Future medical; expenses
Rs. 25,000/-
7) Travelling expenses, attendant charges and sundry expenses
Rs. 15,000/-
Total
Rs. 7,00,000/-
During the pendency of these appeals, this Court subjected the appellant/claimant for medical examination at NIMHANS in Bangalore. Since the appellant/claimant was not capable of travelling, he did not go to Bangalore for the second time and he was not examined by the doctor at. NIMHANS Hospital at Bangalore. In the circumstances, as suggested by the insurance company, the appellant/claimant was subjected to examination by Dr. Kranti Kumar, a Neuro Surgeon at KIMS Hospital, Hubli. Dr. Krnati Kumar, after examination of the appellant/claimant, submitted a report to this Court on 11.04.2011. This report specifies that ''On examination of the appellant/claimant is found to have reduced memory and attention with right, spastic Hemi paresis. This is a permanent disability and accounts to about 55% to the whole body. In view of the above findings and also disability, this patient Mr. Sadashivappa S. Balikai is unable to perform his earlier avocations such as agriculture and milk vending''.
Based on the present medical report, it is necessary to determine the functional disability of the appellant/claimant. Though the physical disability is to the extent of 55%, the functional disability is to be taken on the basis of the physical disability and the nature of work. There is no dispute that the appellant/claimant was working as an agriculturist with a small holding on the date of the accident and he was also a milk vendor. Having regard to, the nature of physical disability, his mental capabilities and the nature of work, we are of the considered opinion that the functional disability is 10 be taken at 65%.
Though the appellant/claimant contends that he was an agriculturist and milk vendor, there is no documentary evidence in proof of the monthly income or the yearly income. Consistently, this Court and the Apex Court held that income of a daily wage coolie shall be taken at Rs. 100/- per day. In that view of the matter, monthly income of the appellant/claimant is to be taken at Rs. 3,500/-. On the date of the accident, the appellant/claimant was aged about 38 years and, therefore, the proper multiplier is 15. On this basis, the appellant/claimant is entitled for compensation under the head ''loss of earning capacity'' as under:
Rs. 3500 x 12 x 15 x 65/100= Rs. 4,09.500/ -
The compensation awarded by the Tribunal under the head pain and suffering, loss of amenities in life, loss of expectation of life, medical expenses, future medical expenses and travelling and attendant charges appears to be just and reasonable. We find no justifiable ground to interfere with the compensation awarded by the Tribunal under these heads.
For the reasons stated above, the following
ORDER
i) The appeal filed by the insurance company in MFA No.9325/2006 is hereby dismissed.
ii) The appeal filed by the claimant in MFA No.9780/2006 is hereby partly allowed.
iii) The impugned judgment and award dated 5.04.2006 in MVC No:428/2001 is hereby modified awarding an additional compensation of, Rs. 31.500/-with 6% interest.
iv) Ordered accordingly.
Amount in deposit is ordered to be transmitted to the Tribunal.