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Judgment
Ravi Malimath
Being aggrieved by the Judgment & Award dated 26-4-2008 passed by the Motor Accidents Claims Tribunal, Bangalore City, in MVC No.5877/2007, the claimant has filed this appeal seeking enhancement of compensation.
The case of the appellant is that at about 7-00 p.m. on 29-6-2007 when she was crossing the ring road near Ambedkar College, Bangalore, a motorcycle bearing registration No. KA-05-EU-8549 came in a rash and negligent manner with high speed and dashed against the claimant. Due to the same, she sustained grievous injuries. Initially she was shifted to Wockhardt Hospital and thereafter to Victoria Hospital. She became permanently disabled due to the accident. Thereafter, she filed a claim petition seeking compensation. The same was contested. The Tribunal, by its judgment and award, granted compensation of Rs.2,07,200/- along with interest at 6% p.a. from the date of petition. Being dissatisfied with the quantum of compensation, the present appeal is filed seeking enhancement.
Learned counsel for the appellant submits that the amount of compensation awarded is meager and requires enhancement. He further submits that the medical evidence shows that claimant suffered 26% disability to the whole body. However, the Tribunal has committed an error by taking the same at 15%. Hence, enhancement is required under that head. In so far as loss of income during the period of treatment is concerned, the Tribunal has taken the same as four months. In view of the serious injuries sustained, at least 8 months should have been taken. The claimant being a woman, as a result of the accident she has suffered disfiguration which has affected her life very seriously. Hence, on the beads of loss of future amenities and unhappiness and discomfort, enhancement in required.
Learned counsel for the respondent supported the impugned judgment and award.
On perusing the records, the compensation requires to be enhanced for the following reasons :
i) The medical evidence of the doctor has been mis-read by the Tribunal, This doctor has assessed the disability at 26% to the whole body. He has stated that the disability is permanent and the claimant cannot do coolie work. However, the Tribunal has taken the disability at 15%, which is contrary to the medical evidence and the same requires to be enhanced.
ii) The loss of future earning is worked-out as under:-
Rs.3,000 x 12 x 26/100- 1,21,600/-.
iii) On account of the injuries, the claimant was an in-patient for 69 days. For pain and suffering, an amount of Rs.70,000/ is awarded,
iv) She was out of employment atleast for 6 months. At the rate of Rs,3,000/- p.m. a sum of Rs. 18,000/- is awarded under that head.
v) Towards medical expenses, a sum of Rs. 15,000/- is awarded. Under the head nourishment and attendant charges a sum of Rs, 10,000/- is awarded.
vi) Towards loss of future amenities, unhappiness and disfiguration, claimant being woman and aged 45 years, substantial increase is just and necessary. Accordingly, the compensation is enhanced to Rs.70,000/-.
The amount of Rs.20,000/- awarded towards future surgery is in terms of the evidence of the doctor. The same remains undisturbed. Accordingly, the appeal is partly allowed. The compensation is enhanced to Rs 3,24.600/- along with interest at 6% p.a on the enhanced amount from the date of petition till the date of realisation.