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Judgment
With the consent of the learned counsel appearing for the parties, the matter is taken up for Final Disposal.
This appeal is directed against the impugned Judgment and Order passed by the Motor Accident Claims Tribunal, Bangalore [the ''Tribunal'', for short] in MVC No.5146/2008.
Facts in brief are:
That the claimant filed the petition before the Tribunal seeking compensation for the accidental injury sustained by her in the road traffic accident on 27.1.2008, contending negligence on the part of the driver of the Tempo Traveler bearing Registration No.KA.01.AC.9991.
The factum of accident and the injuries sustained by the claimant is not in dispute. Claimant was aged about 47 years at the time of accident and working as Agarbathi worker-cum-maid servant. Considering the nature and gravity of the injuries sustained by the claimant, the Tribunal awarded the total compensation of Rs.54,000/-with interest at 6% per annum, after hearing the appellant as well as the Insurance Company. Aggrieved by the said quantum of compensation, the appellant is before this Court.
Learned counsel Smt. G.K.Sreevidya, assailing the impugned judgment and order would contend that Tribunal grossly erred in denying the compensation towards loss of future income due to disability. Admittedly, the claimant had suffered fracture of C5, C6 and Ulna. She has taken treatment for nearly a month from 28.1.2008 to 28.2.2008. Ignoring this vital aspect, the Tribunal awarded meager compensation contrary to the material evidence on record. Learned counsel further submits that the compensation awarded under different heads is abysmally low and same requires enhancement substantially.
On the other hand, learned counsel Sri. K.N.Srinivasa, supporting the impugned judgment would contend that the Tribunal has extensively considered the evidence on record to award the just and reasonable compensation and same shall not call for any interference by this Court. Accordingly, he seeks for dismissal of the appeal.
Having heard the rival submission of the parties and perusing the material on record, it is discerned that the claimant has sustained grievous injuries, namely, fracture of C5, C6 vertebra with the fracture of Ulna. Besides that, she had taken treatment for cervical spain injury. The claimant had undergone surgery to set right the fracture. The Doctor, who was examined as PW4 had assessed the permanent physical disability to the whole body at 10%. The Tribunal opined that the claimant being completely cured, no loss of future income could be inferred, mainly, for the reason that, no adequate evidence was placed on record by the claimant to establish the factum that she was taking follow up treatment subsequent to the discharge from the hospital. This reasoning of the Tribunal cannot be accepted, for the reason that, the injury sustained by the claimant are grievous. The claimant was an Agarbathi worker. The impact of the injury suffered by the claimant would obviously bring down her working capacity to earn her livelihood as an Agarbathi worker. No evidence was let in by the respondent to discard the evidence of the claimant, more particularly, to rebut the evidence of the Doctor,PW4. In such circumstances, denial of compensation towards loss of future income is not fit to be sustained. The accident in question occurred on 27.1.2008. Considering the normal mode of determination of monthly income made by this Court in identical circumstances based on the date of the accident, this Court is of the considered opinion that, it would be reasonable to determine the monthly income of the claimant at Rs.4,500/-. Applying the same, loss of future income due to disability works out to Rs.70,200/-(4,500/- x 12 x 13 x 10%).
In view of the re-determination of the monthly income, the claimant shall be entitled to a sum of Rs.13,500/- (4,500/- x 3) towards loss of income during treatment period. A sum of Rs.25,000/- would be the reasonable compensation towards pain and agony and similarly, a sum of Rs.25,000/- would be the just and reasonable compensation towards loss of amenities and unhappiness, considering the factual situation of the case. A sum of Rs.10,000/- would be the reasonable compensation towards future medical expenses since the claimant has to undergo further surgery for the removal of implants. Thus, in all, the total compensation awarded by the Tribunal is modified as under:
Sl. No. Particulars Amount [in Rs.]
1 Pain and sufferings 25,000
2 Medical expenses 15,000
3 Loss of earnings during treatment period 13,500
4 Loss of amenities 25,000
5 Loss of future medical expenses 10,000
6 Loss of future income due to disability 70,200
TOTAL 1,58,700
Thus, the claimant shall be entitled to the
total compensation of Rs.1,58,700/- as against
Rs.54,000/-, which shall carry interest at 6% per annum from the date of the petition till the date of realization.
In the result, the appeal stands allowed to the extent indicated above.
Registry shall forward the LCR to the jurisdictional Tribunal forthwith.