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Judgment
S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 220/2009 dated 30.08.2010 on the file of the Civil Judge (Sr. Dn) & J.M.F.C. and MACT at Pandavapura, whereby the Court below has awarded total compensation of Rs. 1,26,803/- with interest at 6% per annum from the date of petition till the date of deposit. Learned counsel for the claimant/appellant would contend that the claimant was a vegetable vendor and was earning Rs. 8,000/- per month. She had sustained 28% disability to the upper limb. The Court below has taken her income at Rs. 3,000/- per month for the purpose of computation of loss of future earning capacity. It is argued that she was hospitalized for 45 days. The Court below has not awarded appropriate compensation towards loss of income during the laid up period and food, conveyance and nourishment etc., it has not awarded compensation towards loss of amenities.
On the other hand, learned counsel appearing for the respondent-insurance company has sought to justify the impugned judgment and award.
I have carefully considered the arguments of the learned counsel made at the Bar and perused the materials placed on record.
Doctor has assessed permanent disability to the upper limb at 28%. The Court below has rightly taken permanent disability sustained by the claimant to the whole body at 9%. The claimant was aged 40 years at the time of accident. Though, the claimant contends that she was earning Rs. 8,000/- per month, no documents have been produced in support of the said contention. It is just and proper to notionally fix her income at Rs. 4,500/- per month. By taking her income at Rs. 4,500/- per month, with the application of multiplier 15 and 9% permanent disability to the whole body, the compensation payable towards loss of future earning capacity comes to Rs. 72,900/-.
The claimant is also entitled for a sum of Rs. 18,000/- (four months earning) towards loss of income during the laid up period. Since the claimant was hospitalized for 45 days, a sum of Rs. 20,000/- has to be awarded towards food, conveyance and nourishment etc., as against Rs. 15,000/- awarded by the tribunal The award of compensation towards pain and suffering in a sum of Rs. 30,000/- and medical expenses in a sum of Rs. 24,203.48/- which is rounded of to Rs. 24,300/- is just and reasonable. A sum of Rs. 10,000/- is awarded towards loss of amenities.
Thus, the compensation payable to the claimant is reassessed as under:
The Court below has awarded total compensation of Rs. 1,26,803/- which has to be deducted from the aforesaid sum and the balance compensation payable to the claimant is Rs. 48,397/-. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent insurance company is directed to deposit compensation in a sum of Rs. 48,397/- with interest at 6% per annum from the date of petition till the date of deposit within a period of six weeks from the date of receipt of copy of this order. The claimant is permitted to withdraw the said amount on its deposit. No costs.