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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant for enhancement of compensation awarded by the tribunal.
Heard, the appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
The brief facts of the case:
On 1/1/2007, when the claimant was crossing Banglaore-Mysore road, in front of Bidadi railway station, the driver of the car bearing No. KA-05-D-2352 came from Mysore side with high speed in a rash and negligent manner and dashed against her. As a result, she sustained grievous injuries. Hence, she filed a claim petition before the MACT, Bangalore seeking compensation of Rs. 6,00,000/-. The Tribunal awarded him a compensation of Rs. 1,06,000/- with interest at 6% p.a.
As there is no dispute regarding injuries sustained by the claimant in a motor road accident and liability of the Insurance Company, the only point that arises for my consideration in the appeal is:
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned Counsel for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower aide and hence it is required to be enhanced.
The claimant has sustained the following injuries:
a) (Left) front to parietal EDH with over hyping fracture with diffuse cerebral
b) Ocedema with linear fracture (right) mandible with bleeding from (left) ear
The injuries sustained by the claimant are evident from the Wound Certificate Ex.P5, discharge summery, Ex.P6, outpatient card Ex.P8, diagnostic report Ex.P9, case sheet ExP10 and supported by oral evidence of the claimant and doctor, who were examined as PWs. 1 & 2 respectively. She was treated as inpatient for 11 days in Victoria Hospital, Bangalore. PW-2, the doctor who treated the claimant has slated that the claimant has suffered disability of 10% due to headache, 20% for the loss of decrease in bearing and 10% for pain & stiffness of TM joint.
Considering the nature of injuries sustained by the claimant, Rs. 30,000/- awarded by the Tribunal towards pain and suffering'' is just and proper and it does not call for enhancement.
The claimant though contended that she has spent a sum of Rs. 70,000/- towards medicine, treatment, conveyance fit nourishment, has produced bills for Rs. 19,892/- only and the Tribunal has awarded a sum of Rs. 25,000/- towards medical and incidental expenses. The lame is Just and proper and it does not call for enhancement.
The claimant is aged about 21 years and she is a coolie by profession. The accident was occurred in the year 2007 and therefore the income assessed by the Tribunal at Rs. 3,000/- p.m. is just and proper. The claimant must have been under rest end treatment for a period of 3 months and therefore Rs. 6,000/- awarded by the Tribunal towards loan of income during laid up period is enhanced by another Rs 3,000/- and I award Rs 9,000/- under this head,
Considering the disability stated by the doctor and an amount of discomfort and unhappiness she has to undergo throughout her life, RS. 15,000/- awarded by the Tribunal towards loss of amenities'' is just and proper and it does not call for enhancement
Considering the disability stated by the doctor at 10% due to headache, 20% for loss of decrease in hearing and 10% for pain & stiffness of TM joint, the disability caused to the whole body can be considered as 10% and loss of future income can be worked out accordingly. So, low of fixture income works out to Rs. 64,800/- (3000 x 10/100 x 12 x 18) and it is awarded as against RS. 30,000/- awarded by the Tribunal.
Thus, the claimant is entitled for the following compensation:
a) Fain and sufferings Rs. 30,000/- b) Medicaid Incidental expenses Rs. 28,000/- c) Loss of income during laid-up period Rs. 9,000/- d) Loss of amenities Rs. 25,000/- e) Future loss of income Rs. 64,800/ TOTAL Rs. 1,53,800/-
thus, the claimant is entitled for a total compensation of Rs. 1,53,800/- as against Rs. 1,06,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 47,800/- from the date of claim petition the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation within two months from the date of receipt of a copy of this order.
Out of the enhanced compensation, 50% with proportionate interest is ordered to be invested in fixed deposit in any Nationalised or Scheduled Bank in the name of claimant for a period of 7 years. Remaining 50% with proportionate interest is ordered to be released in favour of the claimant immediately alter the deposit.
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. No order as to costs.