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Judgment
B.S. Indrakala, J.—The above appeal is preferred against the judgment and award dated 07.12.2009 passed in MVC No. 1428/2007 on the file of Member, Addl. MACT, Srirangapatna. It is the case of the claimant that in the accident which occurred on 26.07.2007 at about 11 PM wherein the lorry bearing Regn. No. AP-07-T-7570 was involved in the accident which occurred on account of the rash driving of the said lorry, he sustained grievous injuries; he incurred heavy expenses for his treatment and other incidental expenses despite which he has the disability and in the circumstances, he sought awarding of compensation from the owner and insurer of the said vehicle. Further, it is contended by him at the time when he met with the accident, he was working as an agricultural labourer earning Rs. 6000/- per month and on account of the injuries, he is unable to carry out the said work.
The tribunal by appreciating the evidence led in, deemed it fit to award sum of Rs. 2,51,200/- with interest at the rate of 6% p.a. from the date of petition till realisation.
Being aggrieved by the said judgment and award, the claimant is in appeal interalia contending amongst other grounds that the amount so awarded is inadequate and seeks enhancement of the same.
It is submitted by the learned counsel for the claimant that the income assessed by the tribunal at Rs. 3000/- per month is on the lower side. Even notionally taking into consideration the age of the claimant as 40 years as on the date of the accident and the year of accident as 2007, the income can be assessed at Rs. 5000/- per month. Further, he contended that the amount awarded under various other heads is also on the lower side and no amount is awarded towards loss of income during laid-up period and loss of amenities.
Per contra, learned counsel appearing for the respondent/insurer submitted that the amount as awarded by the tribunal in the circumstances of the case is just and proper and the impugned judgment and award does not call for any interference.
The cause of accident as well as the appellant/claimant sustaining certain injuries in the accident are not in dispute.
On perusal of Ex. P. 6, the claimant sustained the following injury:
(1) Avulsion of skin over front of thigh extending to 6 cms. below knee exposing muscles and tendons.
Further, it is seen that the claimant was hospitalised for about a month and he sustained crush injury of three fingers in the right hand apart from fracture of proximal bone and two of the said fingers of the right hand which were crushed were amputated. Hence, it is reasonable to award Rs. 30,000/- towards pain and suffering.
The tribunal by considering the medical bills amounting to sum of Rs. 10,200/- awarded the same towards medical expenses which is just and proper.
Considering the number of days of hospitalization and the nature of injury, it is reasonable to award Rs. 15,000/- towards incidental expenses like attendant charges, conveyance, food and nourishment etc.
The tribunal in the absence of evidence, has deemed it fit to consider the income of the claimant notionally at Rs. 3000/- per month. However, by considering the year of accident as 2007 and the age of the victim as 40 years, it is reasonable to assess the income at Rs. 4000/- per month.
With regard to the disability, by considering the evidence of the medical officer who is examined as PW2, the tribunal has held that the claimant did suffer disability to an extent of 40% in relation to the whole body. Thus, towards loss of income on account of disability the claimant is entitled to be compensated at Rs. 2,88,000/- (4000 x 40/100= 1600 x 12 x 15).
Apart from the said amount, the claimant is also entitled to be compensated for loss of income during laid-up period of 3 months. Thus, Rs. 12,000/-is awarded (Rs. 4000 x 3) towards the same. Besides Rs. 15,000/- is awarded towards loss of amenities.
Thus, the claimant is entitled to be compensated at Rs. 3,70,200/- as against sum of Rs. 2,51,200/- awarded by the tribunal. Thus, the impugned judgment and award are liable to be modified accordingly. Hence, the following:
ORDER
The above appeal is partly allowed awarding sum of Rs. 3,70,200/- with interest at the rate of 6% p.a. from the date of petition till realisation as against sum of Rs. 2,51,200/- awarded by the tribunal. The respondent/insurance company shall deposit the amount within 8 weeks from the date of receipt of copy of this order.
Out of the enhanced amount of Rs. 1,19,000/-, sum of Rs. 75,000/- with proportionate interest shall be invested in fixed deposit in the name of the claimant in any of the nationalized bank of his choice for a period of 5 years with liberty to the claimant to withdraw the periodical interest as and when the same accrues. The balance amount of Rs. 44,000/- with proportionate interest shall be released in favour of the appellant/claimant for his immediate necessities.
Office to draw the award accordingly.