AI Structured Summary
Not yet generated for this judgment
Judgment
B.S. Indrakala, J.—The above appeal is preferred against the judgment and award dated 08.04.2009 passed in MVC No. 37/07 on the file of the Civil Judge, Sr. Dvn & MACT, Harihar. It is the case of the claimant that on 06.06.2006 while the petitioner along with her husband was going as a pillion rider on the motorbike bearing Regn. No. KA-17/H-9186 from Kumbalur to Harihar, the tractor-trailer bearing Regn. No. KA-17/T-8672-73 came from Shivanahalli side towards Belludi in a rash manner and dashed against the said two wheeler, and caused the accident as a result, the rider of the vehicle viz., the husband of the appellant died at the spot whereas the appellant sustained grievous injuries i.e., fracture to her right hand, forearm and also to other parts of the body; she was shifted to the hospital where she took treatment from 6.6.2006 to 23.7.2006. It is further contended by the claimant that during the period when she met with the accident she was aged 30 years, was a housewife and also a coolie having monthly income of Rs. 3000/- per month; on account of the injuries sustained in the accident, she is unable to work and in the circumstances, she sought awarding of compensation from the owner and insurer of the said tractor-trailer.
The respondent/insurer in its statement of objections while denying the cause of accident, the age, avocation and income of the appellant/injured has specifically pleaded that the liability, if any, the same is subject to the terms and conditions of the policy; while the owner of the vehicle denying the claim of the petitioner on all material aspects, has pleaded that the vehicle was duly covered with valid insurance as on the date of accident.
To prove her case, the claimant got herself examined as one of the witnesses besides examining the doctor who assessed her disability as an additional witness and got marked documents Exs. P.1 to P. 51 as the said evidence was led in common with MVC No. 38/2007. On behalf of the respondents only policy of insurance was got marked as Ex. R. 1.
The tribunal by considering the evidence led in, deemed it fit to award Rs. 1,22,200/- as compensation with interest @ 6% p.a. from the date of petition till realisation.
Aggrieved by the said judgment and award, the claimant is in appeal inter alia contending amongst other grounds that the amount of compensation awarded is inadequate and seeks enhancement of the same.
On perusal of the discharge summary marked as Ex. P. 8 it is seen that the claimant did suffer fracture of middle 1/3 of right forearm. The tribunal by considering the said injury, the number of days of hospitalization, the medical bills produced, taking the income of the claimant at Rs. 3000/- as claimed in the claim petition as notional income, deemed it fit to award compensation as Rs. 25,000/- towards pain and suffering, Rs. 20,000/- towards medical expenses, Rs. 10,000/- towards Loss of amenities, which awarded are just and proper.
In this regard the submission of the learned counsel for the appellant that Rs. 3000/- pertains to the income only by way of doing coolie work but apart from that her contribution to run the family as a house wife will also have to be assessed which is not mentioned in the claim petition at Rs. 1000/- per month cannot be brushed aside. Besides considering the year of accident as 2006, the age of the appellant/claimant as 30 years even notionally a sum of Rs. 4,000/- can be assessed as the monthly income of the appellant. Further, it is seen that the percentage of disability taken at 10% is also proper, in which event by considering the age of the injured as 30 years, applying the multiplier of 17, the claimant is entitled under the head disability at Rs. 81600/- (4000 x 10/100 x 17 x 12). Thus, the appellant is entitled to be compensated as hereunder;
Accordingly, the impugned judgment and award are liable to be modified. Hence, the following:
ORDER
The above appeal is allowed by awarding compensation of Rs. 1,54,600/- with interest @ 6% p.a. from the date of petition till realisation as against a sum of Rs. 1,22,200/- awarded by the tribunal.
The respondent/insurer shall deposit the said amount within 4 weeks from the date of receipt of copy of this order.
Out of the enhanced amount so awarded a sum of Rs. 10,000/- with proportionate interest shall be invested in fixed deposit in the name of the claimant in any of the nationalized bank of her choice for a period of 5 years and the interest that accrues on such deposit is payable on maturity. Balance of Rs. 22,400/- with proportionate interest shall be released in favour of the appellant for her immediate necessities.
Office to draw the award accordingly.