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Judgment
S. Abdul Nazeer. J.
This appeal is directed against the judgment and award in MVC No.5817/2005 dated 17.2.2007 on the file of the Motor Accident Claims Tribunal, Bangalore. The appellant was the claimant before the Tribunal and the respondents were the owner and the insurer of the offending vehicle. There is no dispute as to the occurrence of the accident and the liability of the second respondent - Insurance Company to pay compensation. The appellant has filed this appeal seeking enhancement of compensation.
We have heard the learned Counsel for the parties.
Learned Counsel for the appellant would contend that the claimant had suffered grievous injuries in the accident. The Doctor, who had treated the claimant was examined as P.W.4. He has stated that the claimant had suffered 30% physical disability to the right upper limb and 10% of permanent disability to the wholly body. He has further stated that the claimant had to undergo an operation for correction of mal-union of the fracture of right clavicle. The claimant was working as a coolie and he was earning more than Rs. 200/- per day. The Tribunal has not awarded any compensation towards loss of future income. It has also not awarded any compensation towards future medical expenses, conveyance, nourishment and other incidental expenses. The award of compensation towards pain and suffering and loss of amenities are on a lower side. Learned Counsel for the appellant has taken us through the evidence of the parties, the documents produced by the appellant/claimant before the Tribunal as also the impugned judgment and award.
On the other hand, learned Counsel appearing for the second respondent-Insurance Company has sought to justify the impugned judgment and award.
We have carefully considered the arguments made by the learned Counsel at the Bar and perused the materials placed on record.
The Doctor, who had treated the claimant was examined as P.W.4. In his evidence, he has stated that the claimant had suffered permanent disability to the right upper limb and 10% permanent disability to the whole body. He has to undergo an operation for correct on; of mal-Union of the fracture of right clavicle. He finds it difficult to do any job, which involves lifting and carrying weights by right upper limb. He requires physiotherapy treatment to keep the pain and swelling in the right shoulder region under control and reduce the stiffness of right shoulder due to pervarticular adhions. He has further opined that the claimant cannot work as a coolie and cannot do any other manual work. A perusal of the impugned judgment and award shows that the Tribunal has not awarded any compensation towards loss of future income. The accident had occurred on 6.6.2005. It is also clear from the evidence on record that the claimant was working as a coolie. Having regard to the materials on record, it is just and proper to hold that he was earning Rs. 150/- per day. He was aged 40 years at the time of the accident. Therefore, the proper multiplier applicable to the case was 15. Taking his income at Rs. 4,500/- per month and with the application of multiplier of 15, the claimant is entitled for a sum of Rs. 81,000/- towards loss of future income. We are also of the view that the claimant is entitled for a sum of Rs. 15,000/- towards future medical expenses, Rs. 30,000/-towards pain and suffering and Rs. 20,000/- towards loss of amenities. He is also entitled for a Sum of Rs. 5,000/- towards other incidental expenses and Rs. 4,500/- towards loss of income during the treatment period. Thus, the claimant is entitled for the compensation as under:
Sl. No.
Particulars
Amount
1.
Towards loss of future
Rs. 81,000.00
2
Towards pain and sufferings
Rs. 30,000.00
3
Towards loss of amenities
Rs. 20,000.00
4
Towards loss of income during the laid up period
Rs. 4,500.00
5
Towards future medical expenses
Rs. 15,000.00
Towards other incidental charges
Rs. 5,000.00
TOTAL
Rs. 1,55,500.00
The Tribunal has awarded a sum of Rs. 40,000/- which has to be deducted from the aforesaid amount. The balance of compensation payable to the claimant is Rs. 1,15,500/-. The said sum of Rs. 1,15,500/- shall carry interest at 6% per annum.
In the result, the appeal succeeds and it is accordingly allowed in part. The second respondent - Insurance company is directed to deposit a sum of Rs. 1,15,500/- with interest at 6% per annum from the date of the application till the date of deposit in addition to what has been awarded by the Tribunal within a period of eight weeks from the date of receipt of a copy of this order. The appellant is permitted to withdraw the amount on its deposit. No costs.