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Judgment
The claimant, being dissatisfied with the compensation of Rs.3,62,109/- awarded by the Tribunal in MVC No.745/2019 dated 08.03.2022, is in appeal.
The fact that the accident occurred and 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. | Particulars in (Rs.) |
| 1. Pain and suffering 5,000 | |
| Loss of income during laid up | |
| 2. period | 13,250 |
| 3. Loss of amenities 5,000 | |
Compensation for permanent
2,54,000
disability
Medical expenses 58,459
Future medical expenses 20,000
Conveyance 3,000 Attendant charges, food and
3,000
nourishment Total 3,62,109
The Tribunal, on an analysis of medical evidence, has rightly concluded that the claimant has suffered disability to the extent of 10% to the whole body, which requires no interference.
The Tribunal has determined the monthly income of the claimant, notionally at Rs.13,250/-. 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 2019, would be Rs.14,000/-.
As the claimant was aged 31 years, the Tribunal has rightly applied a multiplier of '16'. Consequently, the claimant would be entitled to a sum of Rs.2,68,800/- (14,000 x 12 x 16x 10%) towards 'loss of future income' as against the sum of Rs.2,54,400/-.
Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.5,000/- awarded by the Tribunal.
Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.40,000/- as against Rs.5,000/- towards ‘loss of amenities’.
As a consequence, the amount of Rs.13,250/-awarded by the Tribunal towards 'loss of income during laid up period' would also stand enhanced to Rs.42,000/- (14,000 X 3 months) treating the laid period as three months.
Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.12,000/- towards 'conveyance, attendant charges and food and nourishment', as against the sum of Rs.6,000/- awarded by the Tribunal.
The sums awarded as 'medical expenses' at Rs.58,459/-, being based on documentary evidence, do not call for modification and hence confirmed.
The sum awarded under the head ‘future medical expenses' remain unaltered.
Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
| Compensation under As | As |
| different Heads awarded | awarded |
| Sl. | |
| by the | by this |
| No. Tribunal | Court |
| (Rs.) | (Rs.) |
| 1. Pain and suffering 5,000 | 50,000 |
| Loss of income during laid | |
| 2. 13,250 up period | 42,000 |
| 3. Loss of amenities 5,000 | 40,000 |
| Compensation for | |
| 4. 2,54,000 permanent disability | 2,68,800 |
| 5. Medical expenses 58,459 | 58,459 |
| 6. Future medical expenses 20,000 | 20,000 |
| 7. Conveyance 3,000 | |
| Attendant charges, food | 12,000 |
| 8. 3,000 and nourishment |
Total 3,62,109 4,91,259
Thus, the claimant is held entitled to the total compensation of Rs.4,91,259/- as against Rs.3,62,109/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization, by excluding the interest on the sum awarded under 'future medical expenses'.
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 appeal is accordingly allowed in part.
The apportionment of compensation shall be in terms of the award of the Tribunal.