Sri Durairaj J vs M/s. New India Assurance Co. Ltd. & Anr.

This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 14.03.2024 passed in MVC No.1474/2023 by the XV Additional Small Causes Judge and Member, Bengaluru (SCCH-19).

Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.1 –insurer.

The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 30.11.2022 contending that the accident occurred due to rash and negligent driving of the driver of lorry bearing registration No.AP-16/TH-1998. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:

The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No. 1 -insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

Heard learned counsel for the appellant and learned counsel for respondent No.1 –insurer.

Learned counsel for the appellant would contend that the Tribunal has considered injury noted in Ex.P6 –wound certificate but has not considered the injuries mentioned in the discharge summary –Ex.P10 which indicate fractures. Considering the said injuries noted in discharge summary, the claimant is entitled to higher compensation for pain and suffering and loss of amenities. P.W.2 -doctor has stated that the claimant is having disability at 45% of limb and 15% of whole body. The Tribunal has erred in taking the disability at 14%. The Tribunal has not awarded loss of income during laid up period. With these, he prays to allow the appeal and enhancement of compensation.

Learned counsel for respondent No.1 –insurer would contend that considering the evidence of the doctor P.W.2 and that he is not treated doctor, the Tribunal has rightly taken disability at 14%. The compensation awarded on all heads are just and proper and there are no grounds for enhancement of compensation. With these, he prays to dismiss the appeal.

Having heard learned counsels, the Court has perused the impugned judgment, award and copy of Ex.P10 –discharge summary made available by learned counsel for the appellant.

The accident occurred on 30.11.2022 and as on the date of accident, the claimant was aged 52 years. Considering the age of the claimant, the Tribunal has rightly taken multiplier ’11’. Even though it is contented that the claimant was doing cloth business, no documents are produced. The Tribunal has rightly taken his income at Rs.16,000/- per month. The claimant has sustained the following injuries as noted in Ex.P10.

ii) Internal degloving injury to both thigh

iii) Displaced coccyx fracture

iv) Proximal phalynx fracture of right ring finger

Considering the said injuries sustained by the claimant, the compensation awarded towards pain and suffering by the Tribunal in a sum of Rs.40,000/- requires to be enhanced to Rs.90,000/- and loss of amenities in a sum of Rs.30,000/- as awarded by the Tribunal requires to be enhanced to Rs.60,000/-. The claimant has been admitted in hospital for 16 days. Considering the same, the Tribunal has rightly awarded Rs.16,000/- towards conveyance and transportation charges etc. The Tribunal has also rightly awarded medical expenses. The Tribunal has not awarded loss of income during laid up period. Considering the injuries sustained by the claimant that there is non-united pelvic fracture, he has to take rest at least for 03 months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.48,000/-(Rs.16,000/- x3). P.W.2 -the doctor has stated that the claimant has sustained disability to limb at 45% and 15% to the whole body. Considering the said aspect, the disability is to be taken at 15% as against 14% as taken by the Tribunal. In view of the above, loss of future income is calculated as under:

Rs.16,000/- x12x11x15% =Rs.3,16,800/-

In view of the above, the claimant is entitled to total compensation under various heads as under:

The claimant is entitled to total compensation of Rs.9,62,941/- as against Rs.8,13,900/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,49,041/- with interest at the rate of 6% per annum from the date of petition till realization. The claimant is not entitled to interest for the delay period of 585 days in filing the appeal as per order dated 04.02.2026 passed on IA No.1/2026. Respondent No.1 -insurer is liable to pay the said enhanced compensation with interest.

In view of the above, the following

ii) The appellant -claimant is entitled to enhanced compensation of Rs.1,49,041/- with interest at the rate of 6% per annum from the date of petition till realization.

iii) The claimant is not entitled to interest for the delay period of 585 days in filing the appeal.

iv) Respondent No.1 -insurer shall deposit the said enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day.