AI Structured Summary
Not yet generated for this judgment
Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard, the appeal is admitted and with the consent of the 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.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 27.01.2009 due to rash and negligent driving of the vehicle bearing registration No.KA-19-AA-2255 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the Tribunal has committed an error in awarding a global compensation of Rs. 2,500/-, Therefore, I re-assess the compensation and award the following compensation.
The claimant has sustained pain below the neck and shoulder. The injuries sustained by the claimant are evident from the wound certificate Ex.P-7, discharge summary Ex.P-12, and supported by oral evidence of the claimant examined himself as FW-1.
Considering the nature of injuries, Rs. 5,000/- is awarded toward ''pain and suffering''
The claimant has produced medical bills for Rs. 4,000/- and he was treated as inpatient for a period of 2 days in Spandana Hospital. Considering the same a sum of Rs. 6,000/- is awarded towards ''medical and incidental expenses''.
Considering the nature of injuries a sum of Rs. 5,000/- is awarded towards ''loss of income during laid up period''.
In the absence of evidence of doctor regarding disability no compensation can be awarded towards ''loss of amenities'' and ''loss of future income''.
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 16,000/- as against Rs. 2,500/- swarded by the Tribunal with interest at 6% p.a. on the additional compensation of Rs. 13,500/- from the date of claim petition till the date of realisation excluding interest for the delayed period of 131 days in filing the appeal.
The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment excluding interest for the delayed period of 131 days in filing the appeal
Out of the additional compensation, Rs. 10,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years renewable from time to time and with a right of option to withdraw interest periodically Remaining amount with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit. No order as to costs.