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Judgment
K Govindarajulu, J.—Claimant in MVC 3824/07 on the file of Mact, Bangalore city is the Appellant in this appeal.
Facts necessary for the consideration of the appeal are as under:
It is the case of the Petitioner he along with P.V. Shivakumar, the claimant in the connected MVC 3824/07 were moving in a 2 wheeler bearing registration No. KA 51-J-1653. When they were near Kallugopalii on Mysore Bangalore road, the driver of the tractor bear registration No. KA-10-T-2982 has dashed against the Petitioners vehicle. It resulted in road traffic accident.
It is the further case of the Petitioner that he was shifted to Subash Hospital Bidadi for the pain suffering agony suffered by him on account, of the injury sustained by him in the accident, seeks for compensation.
Insurance company has filed objections deny the claim of the claimant. Call upon the claimant to prove accident as the one pleaded. Add that the claim is exaggerated, plead for the dismissal of the claim application.
PW1 examined in the claimant of this case in the course of his evidence he states of he being brought to Subash hospital Bidadi thereafter to Leela hospital, thereafter treated at Hosmat hospital. The injuries sustained by the claimant as per the particulars in the wound certificate are: 1. Fracture to left mandible neck and acromioclouiclular joint dislocation. 2. Abrasion over forehead and the left middle epicondye left elbow. PW3 Dr. Vinod kumar states of the patient, being admitted to the hospital, interlocking nailing being done to the fumur right side. Doctor has certified that there is a disability of 15% to the lower limb and 5% to the whole body. As on the date of the accident the claimant was a student of engineering, as on the date of the evidence, claimant was searching for employment. The learned member of the tribunal has awarded Rs. 3,52,000/-.
Learned advocate for the Petitioners submits that the compensation awarded is not incontinence with the suffering by the injured under all heads the compensation awarded is on lesser side. So pray for enhancement of the compensation. Learned advocate for the Insurance Company submits that the nature of injury having resulted in 5% disability to the whole body, the approach of the learned member of the tribunal is proper. In reply it is submitted that Rs. 2,60,000/- is the expenses awarded under the head of medicines so the compensation awarded for personal injuries is meager.
Material submissions probablise that the accident is admitted, actionable negligence is not disputed. The claimant being a student aged about 22 years, the court has to re-assess the compensation.
PW4 Dr. Natashekar states that Petitioner herein was admitted to the Leela hospital on 31.01.07, he was earlier treated at; local hospital for the jaw and teeth injuries, he was operated on 01.02.07 inter maxillary fixation with stainless steel wire under local anesthesia is done. Discharged on 03.02.07 the disability with reference to teeth is 10%. PW2 examined is Shivakumar in the course of his evidence states that he be awarded Rs. 10.00,000/- towards medical expenses pain suffering loss of amenities, not even the bills or the quantum of money spent for medicines is segregated. The Petitioner is a student so the disability as the one calculated by the doctor at 1.0% is accepted notional income of Rs. 2,000/- per month is taken for the assessment of the compensation Under the head of pain and suffering a sum of Rs. 40.000/- is awarded. Under the head of medical expenses Rs. 35,000/- is awarded. Under the head of laid up period a sum of Rs. 10,000/- is awarded taking the immobilisation for 5 months. Under the head of loss of earning capacity (10% of Rs. 2,000/- is Rs. 200/- � 12 = Rs. 2400 � 18 = Rs. 43,200) a sum of Rs. 45,000/- is awarded. Rs. 15,000/- is awarded for future medical expenses, Rs. 15,000/- is awarded under the head of food nourishment conveyance, transportation, so the Petitioner is entitled for Rs. 1,60,000/- as against a Rs. 1,06,000/- awarded by the tribunal. Enhanced compensation of Rs. 54,000/- shall carry interest at 6% from the date of application till deposit. Insurance Company is directed to deposit the said amount. Entire sum on deposit be kept in FD in a nationalised bank initially for a period of 10 years authorising the Petitioner to draw interest at an interval of 3 months. Appeal is allowed in part.