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Judgment
Ravi V. Malimath, J.
In MFA No. 31084/2010
The claimant in MVC No. 132/2008 has filed this appeal, seeking enhancement. The accident and the liability are admitted.
That on 08.11.2007 at about 11.30 p.m. the claimant and others were traveling in an Omni van No. KA-04-M-3597 at about 00:30 a.m. on 9.11.2007 a tractor trailer bearing No. KA-33-T-1694 and 1695 had stopped in the middle of the road. At that time the driver of the Omni van went and dashed against the tractor. The inmates sustained injuries. Four claim petitions were filed and they were heard together. The claimants were awarded compensation.
The Tribunal disbelieved the evidence of the doctor on the ground that the injuries sustained do not cause any loss of earning capacity to him. The reasoning assigned by the Tribunal is just and appropriate. However, keeping in mind, the injuries sustained rather than holding the loss of earning capacity on percentage basis it would be appropriate that a lump sum of Rs. 10,000/- is awarded towards the same. The amount awarded towards pain and suffering is enhanced by a further sum of Rs. 25,000/-. The amount awarded towards medical expenses is appropriate and undisturbed. The amount awarded towards inconvenience caused namely loss of amenities is enhanced by a further sum of Rs. 20,000/-. He was in hospital for 12 days. Hence, a sum of Rs. 12,000/- is awarded towards food, nourishment and attendant charges. The appellant would require a period of at least 6 months to recover from the injuries. Hence, holding his notional income at Rs. 6,000/- per month, since the accident occurred in the year 2007, the appellant is entitled to a sum of Rs. 36,000/- (Rs. 6,000/- x 6) towards loss of earning during the laid up period. A Sum of Rs 15,000/- is awarded towards litigation expenses.
The compensation now awarded is as follows:
Hence, the compensation is enhanced by a sum of Rs. 50,086/- (Rs. 4,15,786/- less Rs. 3,65,700/-) which shall carry interest at the rate of 9% per annum from the date of the petition till the date of payment to be settled within eight weeks from the date of receipt of a copy of this order.
In MFA No. 31085/2010
The claimant in MVC No. 133/2008 has filed this appeal, seeking enhancement. The accident and the liability are admitted.
The claimant is said to be a businessman. The injury suffered is to the right eyebrow, left ear and pain in the left hip joint. The X-ray shows the dislocation of left hip joint but the CT scan shows a normal study. Hence, no amount was awarded towards loss of income due to injury. I am of the considered view that there is no error committed by the Tribunal in rejecting the grant of compensation on this head. However, in view of the fact that he said to be a businessman and keeping in mind the nature of injuries suffered., rather than granting compensation on the basis of percentage towards loss of earnings, it would be just and appropriate to grant a sum of Rs. 20,000/- on that head. He was in the hospital for 12 days. Hence, a sum of Rs. 12,000/- is awarded towards food, nourishment and attendant charges. The amount of Rs. 5,000/- awarded towards pain and suffering is enhanced by a further sum of Rs. 10,000/-. In view of the injuries sustained, the appellant would require a period of at least 6 months to recover from the injuries. Hence, holding his notional income at Rs. 6,000/- per month, since the accident occurred in the year 2007, the appellant is entitled to a sum of Rs. 36,000/- (Rs. 6,000/- x 6) towards loss of earning during the laid up period. The amount of Rs. 1,08,924/-awarded towards reimbursement of medical expenses is appropriate and undisturbed. The amount of Rs. 24,000/- awarded in respect of injuries is enhanced by a further sum of Rs. 10,000/-. A sum of Rs. 15,000/-is awarded towards litigation expenses.
The compensation now awarded is as follows:
Hence, in all the compensation is enhanced by a sum of Rs. 77,500/- (Rs. 2,40,924/- less Rs. 1,63,424/-) which shall carry interest at the rate of 9% p.a. from the date of the petition till the date of payment and shall be paid within a period of 8 weeks from the date of receipt of copy of this order.
Ordered accordingly.