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Judgment
Ravi Malimath
At the request of both counsels, the matter is taken up for final disposal, since records have also been received. Aggrieved by the judgment and award dated 18.08.2009, passed by the Member, Addl. M.A.C.T. Srirangapatna, in MVC No. 100/2004, the claimant has filed this appeal seeking enhancement.
The case of the claimant is that he was a 8th standard student and was also working part-time in a cycle shop and was earning Rs. 500/- per month. On 10.11.2008, at about 9.15 a.m., when the claimant was going on a cycle on the left side of the P.S.K. Pandavapura Railway Station, Kannalu Village, a Tata sumo Vehicle bearing No.KA-09-7406 driven by its driver in a rash and negligent manner, hit the claimant from the back side and caused accident The claimant sustained injuries and was treated for the same.
On a claim petition being filed, the Tribunal by its impugned judgment and award granted a sum of Rs. 64,000/- along with interest @ 6% from the date of petition till the date of realisation. Seeking enhancement, the present appeal is filed.
Heard the counsels and examined the records.
The Tribunal granted the following compensation:
Pain and suffering
Rs. 10,000.00
Medical expenses
Rs. 10,000.00
Future medical expense
Rs. 10,000.00
Loss of income during Hospitalisation
Rs. 1,000.00
Towards transportation, food, diet and nourishment
Rs. 4,000.00
Towards repair of bicycle
Rs. 2,000.00
Loss of future earning capacity (500 x 12 x 18x 25%)
Rs. 27,000.00
Total
Rs. 64,000.00
On considering the material on records, I''am of the considered view that the compensation awarded requires to be enhanced. So far as ''loss of future earning capacity'', the income as stated by the claimant has been taken. Even then, it is pleaded that notwithstanding the stated income, a higher income has to be taken. The same is unacceptable. The claimant is aged 18 years, the multiplier adopted is ''18'' and the same is undisturbed. The disability is at 25% as stated by the Doctor and accordingly the sum of `27,000/- is awarded. The same does not call for interference.
Towards pain and suffering `.10,000/- is awarded, which is enhanced to `.15,000/-, considering the age of the claimant. The Tribunal has not awarded compensation towards loss of amenities. Hence, `.5,000/- is awarded towards the same. The medical bills was produced to an extent of `.6,237/ - and a sum of.10,000/- was awarded towards ''medical expenses'' and `.10,000/- towards ''future medical expenses'', which is just and reasonable. Towards ''loss of income during hospitalisation''.1,000/- is awarded, the claimant was hospitalised for six days and the same is enhanced to a sum of `.3,000/-. A sum of `.4,000/- is awarded towards transport, food, diet and nourishment'', which is undisturbed. `.2,000/- is awarded towards repair of bicycle the same is enhanced to `.5,000/-. Accordingly, a sum of `.76,000/- in all, is awarded as against `.64,000/- awarded by the Tribunal with interest @ 6% per annum, from the date of petition till the date of payment, to be settled by the insurance company which will net be later than a period of 8 weeks, from the date of receipt of the copy of this order.
Ordered Accordingly.