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Judgment
This appeal is directed against the judgment and award dated 01.03.2012 passed by the Motor Accident Claims Tribunal, (for short the ''Tribunal'') Bangalore, in MVC No.7159/2010.
The facts in brief are that, the claimant / appellant approached the Tribunal seeking
compensation for the injuries sustained by him in the road traffic accident, which occurred on 20.8.2010 while he was riding a motor cycle bearing registration No.KA-51-Q-3875, owing to the actionable negligence of the driver of the motor cycle bearing registration No.UP-16-S-8480, duly insured with the insurer/ respondent No.1 herein.
On service of summons, the Insurer entered appearance and contested the claim. On evaluation of the evidence on record, the Tribunal awarded total compensation of Rs.1,50,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Aggrieved by the same, the appellant/claimant is before this Court seeking for enhancement of compensation.
Heard Sri R.Kumar, learned counsel for the appellant and Sri Goutham C.Ullal, learned counsel for respondent No.2, Sri K.S.Lakshmi Narayanappa,
learned counsel for Sri B.C.Seetharama Rao, learned counsel for respondent No.1.
The factum of the accident and the injuries sustained by the claimant is not in dispute. The claimant has sustained degloving injury over dorsum of right foot, fracture of 4th and 5th metatarsal right foot and other injuries all over the body. The doctor who was examined as PW.2 had assessed the disability to the extent of 3.5% to the whole body and 10% to the right lower limb. Applying the same, the Tribunal computed the loss of income. However, the income determined by the Tribunal at Rs.5,000/- is on the lower side. Considering the date of the accident, 20.8.2010, this Court is of the considered opinion that it would be just and reasonable to re-determine the monthly income at Rs.5,500/-, which is normally adopted by this Court in identical circumstances.
Applying the same, loss of future income works out to Rs.41,580/- (Rs.5,500/- x 12 x 18 x 3.5%).
In view of re-determination of the monthly income of the claimant at Rs.5,500/-, the claimant shall be entitled to a compensation of Rs.16,500/- towards loss of earning during laid up period. In view of the grievous injuries sustained by the claimant who was aged about 20 years at the time of accident, it is obvious that the claimant has to suffer future unhappiness in life, otherwise which he would have enjoyed. In the circumstance, this Court is of the considered opinion that a sum of Rs.25,000/- would be a reasonable compensation towards loss of amenities and future unhappiness as against Rs.10,000/- awarded by the Tribunal.
A Sum of Rs.10,000/- awarded by the Tribunal towards the conveyance, nourishment and attendant charges is affirmed as the same is just and reasonable. Similarly, the compensation awarded by the Tribunal towards pain and suffering at Rs.50,000/- and Rs.20,000/- towards medical expenses remains undisturbed.
Thus, the compensation awarded by the Tribunal is modified as under:
Sl. No. Particulars Amount [in Rs.]
1 Pain and suffering 50,000/-
2 Medical expenses 20,000/-
3 Loss of future income 41,580/-
4 Loss of earning during laid up period 16,500/-
5 Loss of amenities and future unhappiness 25,000/-
6 Conveyance, nourishment and attendant charges 10,000/-
TOTAL 1,63,080/-
The compensation awarded by the Tribunal is modified to Rs.1,63,080/- as against Rs.1,50,000/- awarded by the Tribunal. The appellant/claimant shall be entitled to total compensation of Rs.1,63,080/- with interest at 6% per annum from the date of petition till the date of realization. The appeal stands allowed to the extent indicated above.