Shivaraj vs The Executive Engineer

A.S. Pachhapure, J.—Dissatisfied with the compensation awarded by the tribunal for the injuries sustained by the appellant in a motor vehicle accident, the present appeal is filed.

The facts reveal that the appellant while proceeding on the motor cycle bearing No. MH-12/BK-4624, at that time a jeep bearing No. KA-38/M-683 hit the motorcycle and thereby the appellant sustained grievous head injury. He was treated in hospital and suffered the disability. Hence, a claim petition has been filed for compensation towards pain and suffering, medical expenses etc.

After recording the evidence, the tribunal has granted a sum of Rs. 60,200/- as compensation with interest at 6% per annum. Dissatisfied with the said sum, the present appeal is filed.

Heard learned counsel for the parties.

Perusal of wound certificate at Ex. P9 and discharge summary at Ex. P12 reveals that the appellant has suffered head injury. He underwent surgery and the CT Scan was taken. The craniotomy was done and he was an inpatient for six days in the hospital. The doctor who was examined as P.W. 3 has assessed the disability after examination of the appellant and has issued the disability certificate at Ex. P28.

The appellant has suffered grievous head injury and there was chronic subdural hematoma. Therefore, he had undergone surgery. The doctor opined that he gets attacks atleast 7-8 times a month and he gets giddiness, headache, abnormal sounds etc. The doctor has assessed the disability only to the extent of 35%. The doctor was examined by the Court Commissioner as per the order of the Court. The tribunal has assessed the disability only at 5% with the opinion expressed by P.W. 3 and certificate issued at Ex. P28. I am of the opinion that the tribunal has committed an error in assessing the disability at 5%. Considering the aforesaid circumstances, I think it would just and proper to assess the disability of the appellant at 15%.

The tribunal has assessed the income of the appellant at Rs. 3,000/- per month. The accident is of the year 2008. The appellant was doing agricultural work. Generally, a sum of Rs. 4,000/- is considered as the income of an agriculturist, even in the Lok Adalats with the consent of the parties. Hence, Rs. 4,000/- has to be considered as the income per month. The proper multiplier applicable is 13. Thereby, the compensation towards loss of future earnings would be (4,000 x 12 x 13 x 15%) Rs. 93,600/-. Deducting a sum of Rs. 23,400/- awarded by the tribunal. The appellant is entitled to Rs. 70,200/- towards loss of future earnings.

The compensation towards loss of income during treatment period has not been granted. With a grievous injury to the head and in the aforesaid circumstances, the appellant is entitled to Rs. 12,000/- towards loss of income during the period of treatment.

Only a sum of Rs. 15,000/- has been granted as compensation towards pain, suffering and mental agony. The appellant has undergone surgery. He has suffered grievous injury to the head. I think it would be just and proper award another sum of Rs. 10,000/- under this head.

No conveyance charges have been paid. The appellant has undergone surgery in Secunderabad. I think it would be just and proper to award a sum of Rs. 2,500/- under this head.

The compensation towards food and nourishment, loss of attendant charges and loss of amenities appears to be just and reasonable. Thereby, the appellant is entitled to enhanced compensation as follows:

The appellant is entitled to aforesaid sum with interest at 9% per annum from the date of petition till its payment.

In the aforesaid circumstances, the appeal is allowed in part. The appellant is entitled to enhanced compensation of Rs. 94,700/- with interest at 9% per annum from the date of petition till its payment in addition to the compensation awarded by the tribunal.

Out of the enhanced compensation, 75% of the amount shall be deposited in the name of appellant in any nationalized bank for a period of five years.

The appellant is not entitled to interest for the delayed period of 480 days that occurred in filing the appeal.