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Judgment
The claimant, being dissatisfied with the compensation of Rs.5,79,347/- awarded by the Tribunal in MVC No.7705/2018 dated 17.07.2021, is in appeal.
The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute.
The Tribunal, on assessment of evidence, has awarded the following sums as compensation:
| Sl. Amount | |
| Particulars No. | in (Rs.) |
| 1. Loss of future income 90,720 | |
| 2. Pain and sufferings 1,00,000 | |
| 3. Medical expenses 2,34,627 | |
| 4. Loss of amenities 40,000 | |
Loss during laid down period 54,000 Food, nourishment and travel
20,000 expenses
Future medical expenses 40,000 TOTAL 5,79,347
The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered physical disability to the extent of 6% to the whole body.
I have perused the evidence of PW.3-Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries:
Tenderness over servical spine, C-7 sinous process fracture
Swelling over left shoulder, left scapula spine fracture
Puncture wound over right forearm with deformity both bone fracture right forearm
Swelling and deformity over right knee, both bones fracture right leg
Tenderness over chest, multiple rib fracture and bilateral lung contusions
Multiple abrasions of vangang dimension over face, left upper limb and lower limb, pelnis; right inferior publc ramus fracture
Since the Doctor has assessed the disability at 27% to the whole body, the Tribunal has considered the disability to the whole body at 6%. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records and the evidence of PW.3-Doctor, I deem it appropriate to assess the disability of the claimant at 17% to the whole body.
The Tribunal has determined the monthly income of the claimant at Rs.9,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-.
As the claimant was aged 42 years, appropriate multiplier would be ‘14’. Accordingly, the compensation towards 'loss of future income' works out to Rs.3,57,000/- (Rs.12,500 x 12 x 14 x 17%).
The sums awarded by the Tribunal under remaining heads, being based on documentary evidence, are just and proper.
Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
As awarded
Sl. Compensation under different by this No. Heads Court (Rs.)
Loss of future income 3,57,000
Pain and sufferings 1,00,000
Medical expenses 2,34,627
Loss of amenities 40,000
Loss during laid down period 54,000
Food, nourishment and travel 6. 20,000 expenses
Future medical expenses 40,000
TOTAL 8,45,627
Thus, the claimant is held entitled to the total compensation of Rs.8,45,627/- as against Rs.5,79,347/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization.
The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.
The apportionment of compensation amount shall be in terms of the award of the Tribunal.
The amount in deposit, if any, shall be transmitted to the Tribunal.
The appeal is accordingly allowed in part.
Pending I.As., if any, stand disposed of.