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Judgment
B. Sreenivas Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
Heard, the appeal is admitted and with the consent of learned counsel appearing for parties, it is taken up for final disposal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 10.2.2008 due to rash and negligent driving of two stage carriage buses bearing registration Nos. KA-20/A-6932 and KA-18/AA-3141 by their drivers and liability of the insurers of the stage buses at the rate of 50% each, the only point that remains for my consideration in the appeal is:
"Whether the compensation of Rs. 1,31,600/- awarded by the Tribunal is just and reasonable or does it call for enhancement? " 5. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
As per Ex.P3 - wound certificate, the claimant has sustained following injuries:-
i) 1.5 cm. laceration over the right lobule of ear
ii) Fracture of right acetabulum of hip joint
The injuries sustained and treatment taken by the claimant are also evident from Ex. P7- discharge summary and Ex.P9-disability certificate and supported by oral evidence of the claimant and doctor, who were examined as PWs.1 and 2 respectively. PW-2, doctor in his evidence has stated that an open reduction and internal fixation of right acetabulum were done on 19.2.2008 and claimant has moderate restriction of hip movement and has suffered disability of 10% to the whole body.
Considering the nature of injuries sustained by the claimant, a sum of Rs. 45,000/- is awarded towards ''pain and suffering'' as against Rs. 20,000/- awarded by the Tribunal.
As Rs. 71,600/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bills and prescriptions as produced by the claimant, the same is just and proper and there is no scope for enhancement under this head.
The claimant was treated as an inpatient for a period of 50 days in KMC Hospital, Manipal. Considering the duration of treatment, a sum of Rs. 20,000/- is awarded towards ''incidental expenses'' such as conveyance, nourishment and attendant charges.
The claimant claims to have been earning Rs. 5,400/- per month by working as a driver in a bus. The same is not substantiated by producing documents. Therefore, in the absence of proof of income, considering his age as 50 years, year of accident as 2008 and his avocation as a daily wager, his income could be assessed at Rs. 4,500/- per month as against Rs. 3,000/- per month assessed by the Tribunal. The nature of injuries suggest that he must have been under rest and treatment for a period of 5 months and therefore a sum of Rs. 22,500/- is awarded towards "loss of income during laid up period" as against Rs. 12,000/- awarded by the Tribunal.
Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 30,000/- is awarded towards loss of amenities'' as against Rs. 20,000/- awarded by the Tribunal.
The claimant is aged about 50 years at the time of accident, and the multiplier applicable to his age group is 13. His income is assessed at Rs. 4,500/- per month. PW-2, doctor in his evidence has stated that claimant has suffered disability of 10% to the whole body. Therefore, the "loss of future income" works out to Rs. 70,200/- (4500 x 12 x 13 x 10/100).
Thus, the claimant is entitled for the following compensation:-
Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 1,27,700/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
Respondents 3 and 5 are directed to deposit the additional compensation amount equally at the rate of 50% each, together with interest within two months from the date of receipt of a copy of this judgment. From which, 75% of the amount with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years, with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant.
No order as to costs.