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Judgment
N. Ananda, J.—This appeal is filed for enhancement of compensation. I have heard Sri K.V. Naik, learned counsel for claimant and Sri R. Rajagopalan, learned counsel for Insurance Company.
The other facts not being in dispute, the points that would arise for consideration in this appeal are:-
Whether Tribunal was justified in holding that claimant was guilty of contributory negligence to the extent of 15%?
Whether claimant is entitled to enhancement of compensation?
It is not in dispute and cannot be disputed that accident took place when claimant was crossing the road near intersection of R.P. Road, II Cross, Mohammadan Block, Malleshwaram. The rider of motorcycle while approaching intersection of R.P. road should have reduced its speed. The claimant had crossed major portion of road and he was just a few feet away from pavement, at that time rider of motorcycle came at a high speed and dashed against claimant, as a result, claimant had suffered injuries. The rider of motorcycle owed a duty towards pedestrians. The rider of motorcycle has not been examined to prove that it was impossible for him to avoid accident. Therefore, finding of Tribunal that claimant was guilty of contributory negligence to the extent of 15% cannot be accepted.
As per medical records, claimant had suffered fracture of lower 1/3rd of right femur with associated simple injuries. The claimant was treated in Manipal Northside Hospital at Bangalore. The fracture was reduced by open reduction and internal fixation.
The Tribunal has awarded compensation of Rs. 1,29,400/- under following heads:-
After going through compensation awarded under other heads, compensation of Rs. 5,000/- awarded towards "loss of amenities & enjoyment of life" is inadequate. Therefore, I award additional compensation of Rs. 25,000/- towards "loss of amenities & enjoyment of life". The Tribunal has not made provision for "future medical expenses". Therefore, I award compensation of Rs. 20,000/- towards "future medical expenses". In view of my above finding, claimant is not guilty of contributory negligence to the extent of 15%, claimant is entitled to additional compensation of Rs. 45,000/- and total compensation of Rs. 1,74,400/-. In the result, I pass the following: -
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 1,09,990/- awarded by Tribunal is enhanced to Rs. 1,74,400/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest, ratio of payment and investment is confirmed.