AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi Malimath
Being aggrieved by the Judgment and award dated 27.12.2008 passed in MVC.No.279/2008, on the file of the 14th Addl. Judge, Court of Small Causes, Member, MACT, Bangalore (SCCH-10), the claimant has filed the present appeal.
The case of the claimant is that on 12-12-2007 at about 10.30 a.m. when he was riding a two wheeler bearing NO.KA-04-EV-2147 2147 in front of Ravikiran Apartments, Shivajinagar, Bangalore a car bearing No.KA-09-P5 came in a rash and negligent manner and dashed against his vehicle causing the accident. The claimant sustained injuries. He was shifted to the hospital and he underwent treatment. Thereafter claim petition was filed. By virtue of the impugned Judgment and award a sum of Rss.74,770/- was awarded with interest at 8% per annum from the date of Petition till the date of deposit. Being dissatisfied with the same the present appeal is filed.
The learned counsel appearing for the appellant submits that by a reading of the Judgment and award and the calculation of the amounts involved it can be seen that the amount awarded is a sum of Rs. 84,770/-and not a sum of Rs. 74,770/-, it is a typing error that requires to be corrected. He further pleads that the amount awarded under the other heads are insufficient and liable to be enhanced.
The learned counsel appearing for the respondent No.1 defends the impugned Judgment and award.
I have heard the learned counsels and examined the records.
The evidence of the Doctor shows that the claimant was admitted to the hospital on 12-12-2007 and discharged on 15-12-2007. He underwent surgery on 13-12-2007 and trimming of medial meniscus plus application of cylinder cost for LCL tear plus PCL Tear Plus fracture patella plus medial meniscal tear right knee done. The patient was mobilized with crutches and was given continuous physiotherapy in the course of treatment. On recent examination, on 5/11/2008 he found the following complaints.
(a) Unstable right knee due to meniscal injury.
(b) Inability play sport and running
(c) Difficulty in extension/flexion right knee
(d) Pain in the right hip/knee while forceful weight bearing walking and climbing stairs.
(e) Difficulty in squatting and other routine activities
(f) ROM-Knee-Painful
He has assessed the permanent physical disability to the extent of 40% in relation to right lower limb and 15% to the whole body. He has spoken about Authorization letter at Ex.P12, OPD card at Ex.P13, In patient record at Ex.P14 and four X-ray films at Ex.P15. He has been cross-examined by counsel for 2nd respondent but nothing worthwhile has been elicited to disbelieve and discard his evidence.
On considering the opinion of the Doctor and also the avocation of the petitioner I'' am of the considered view that the amount awarded is inadequate and requires to be enhanced. In view of the pain and suffering undergone by the claimant the said amount stands enhanced to a sum of Rs. 25,000/-. Even though the claimant relies on Ex.P-8 the salary certificate but the employer has not been examined in order to establish the same. On the basis of the avocation and the job being done by the appellant it is appropriate to take the salary of the claimant at Rs. 5,000/- per month. In view of the fact that there is no mention about the loss of pay/rumuneration for the said four months period, two months payment is necessary in the instant case. Accordingly, a sum of Rs. 10,000/- is awarded towards loss of pay for the laid up period. A sum of Rs. 5,000/- has been awarded towards travelling expenses. I decline to interfere with the same. A sum of Rs. 42,270/- has been awarded towards medical expenses and the same is appropriate and does not call for interference. In view of the injuries suffered a sum of Rs. 5,000/- is awarded towards nourishment and treatment charges. A sum of Rs. 10,000/- has been awarded for loss of amenities and a sum of Rs. 10,000/- towards loss of expectation of life. A sum of Rs. 2,500/- has been awarded for simple injury the same stands undisturbed. Accordingly, the compensation is enhanced as follows:
1)
Amount awarded for laid off period :
Rs. 10,000/-
2)
Pain & suffering :
Rs. 25,000/-
3)
Loss of amenities '' :
Rs. 10,000/-
4)
Loss of expectation of life :
Rs. 10,000/-
5)
Medical expenses :
Rs. 42,270/-
6)
Travelling expenses :
Rs. 5,000/-
7)
Food & Nourishment charges :
Rs. 5,000/-
Total :
Rs. 1,07,270/-
For the aforesaid reasons, the appeal is partly allowed. In terms of the aforesaid observations, the compensation is enhanced by a sum of Rs. 22,500/-(Rs. 1,24,770/- Rs. 84,770). The enhanced compensation shall carry interest at the rate of 6% per annum from the date of the Petition till the date of payment.
The enhanced amount of compensation shall be paid within 8 weeks from the date of receipt of copy of this order.