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Judgment
Ravi Malimath
Being aggrieved by the Judgment and award dated 19-1-2009 passed in MVC No. 8416/2007 by the III Additional Judge, Court of Small Causes, MACT, Bangalore, the claimant has filed this appeal seeking enhancement of compensation. The case of the claimant is that on 1-9-2007 at about 9.00 p.m. near Reliance Petrol Bunk, Hoskote Town, Bangalore, a lorry bearing No. AP-02-U-8150, being driven rashly, came and dashed against the Autorickshaw bearing No. KA-03-B-8898, in which the claimant was travelling. Accordingly, a case in Crime No. 555/2007 was registered. It is submitted that subsequently a charge sheet was filed against the owner of the lorry. The claimant sustained grievous injuries and hence she had to undergo treatment in the hospital and thereafter she filed a claim petition wherein by the impugned Judgment and award the Tribunal awarded compensation of Rs. 2,76,000/- , with interest at 6% per annum on Rs. 2,66,000/- from the date of the Petition till the date of deposit. Being dissatisfied with the quantum, the present appeal is filed seeking enhancement of compensation.
It is contended by the learned counsel appearing for the appellant that the amount of compensation awarded by the Tribunal is meagre and requires to be enhanced.
On the other hand, the learned counsel appearing for the Insurance Company defends the impugned Judgment and award.
The compensation awarded by the Tribunal is as under:-
Pain and agony
Rs. 35,000/-
Medical Expenses, Conveyance, Nourishment & incidental Expenses
Rs. 1,05,000/-
Future medical expenses
Rs. 10,000/-
Less or amenities & enjoyment Of life
Rs. 15,000/-
Loss of income during the Treatment period
Rs. 10,000/-
Loss of future income & earning Capacity Rs. 3,000x12x14x20%
Rs. 1,00,800/-
Total
Rounded up
Rs. 2,75,800/-
Rs. 2,76,000/-
It is contended that the claimant is a vegetable vendor earning a sum of Rs. 4,000/- par month. However, the Tribunal has taken the monthly income at Rs. 3,000/- per month. The Hon''ble Supreme Court of India in the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, has taken the notional income of Rs. 4,500/- towards daily wage worker, in an accident that occurred in the year 2004. In the instant case, the accident occurred in the year 2007. Hence, it will be just and appropriate to take the income at Rs. 4,000/- per month. The Doctor in his evidence has stated that there is a whole body disability to an extent of 35%. It has been wrongly calculated by the Tribunal at Rs. 1,00,800/- (Rs. 3,000 x 12x14x20%). Hence, the same requires to be modified. Accordingly, loss of future income is calculated as follows:-
(Rs. 4,000 x 12 x 15 x 35%)= Rs. 2,52,000/- .
A sum of Rs. 35,000/- has been awarded towards pain and agony which is undisturbed. The medical expenses, conveyance, nourishment and incidental expenses has been awarded at Rs. 1,05,000/- , which is also undisturbed. Towards future medical expenses the Doctor has opined that she needs one more operation. Hence, notionally, a sum of Rs. 10,000/- is awaked towards future medical expenses. Hence, the same is enhanced to a sum of Rs. 15,000/- Towards loss of amenities and enjoyment of life a sum of Rs. 15,000/- is awarded, the same is enhanced to a sum of Rs. 25,000/- . Towards loss of income during the treatment period it can be deduced that she would take at least 6 months to get back to her regular functions. Accordingly, a sum of Rs. 24,000/- (Rs. 4,000x6) is awarded towards loss of income during the period of treatment. The compensation now awarded is as follows:-
Pain and agony
Rs. 35,000/-
Medical Expenses, Conveyance. Nourishment & incidental Expenses
Rs. 1,05,000/-
Future medical expenses
Rs. 15,000/-
Loss of amenities & enjoyment Of life
Rs. 25,000/-
Loss of income during the Treatment period
Rs. 24,000/-
Loss of future income & earning Capacity Rs. 4,000x12x15x35%
Rs. 2,52,000/-
Total
Rs. 4,56,000/-
Accordingly, the amount of compensation is enhanced by a sum of Rs. 1,80,000/- (Rs. 4,56,000/- Rs. 2,76,000/- ). The enhanced compensation of Rs. 1,65,000/- (Rs. 4,41,000-Rs. 2,76,000) (Rs. 4,56,000/- less Rs. 15,000/- for future medical expenses) shall bear interest at 6% per annum from the date of the Petition till the date of payment. The enhanced compensation shall be paid within a period of 8 weeks from the date of receipt of copy of this order.