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Judgment
Ravi Malimath
Aggrieved by the Judgment and award dated 02.02.2009 passed in MVC. No. 1638/2008 by the XI Additional Judge, Court of Small Causes, Bangalore, the claimant has filed the present appeal seeking enhancement.
The case of the claimant is that on 30-1-2008 at about 9.30 a.m. when he was crossing the Ring Road near Ashwini Nagar Layout Cross, Bangalore, due to the rash and negligent driving of the car bearing No. KA-03-ME-6140 he sustained grievous injuries due to the accident. He underwent treatment. Thereafter he filed a claim Petition wherein by the impugned Judgment and award a sum of Rs. 94,000/- along with interest at the rate of 6% per annum was awarded from the date of Petition till the date of payment. Dissatisfied with the same, the present appeal is filed seeking enhancement.
The claimant claims to be a cook earning Rs. 8,000/- per month. He was treated for the injury sustained at St. Joseph Hospital, Bangalore. The Doctor who speaks about the condition of the claimant has stated that due 10 the disability he cannot stand and walk for a long time and he cannot run, there is difficulty to sit cross ''egged and to squat and he cannot do any hard work.
Further, he has stated that the patient has suffered 21% disability to the whole body.
On considering the material on record, the Tribunal awarded a sum of Rs. 35,000/- toward;- pan, shock and agony, a sum of Rs. 35,000/- in ail towards medical expenses, hospitalization, food, medicine, diet, conveyance, attendant''s charges etc. A sum of Rs. 9,000/- towards loss of income during the period of treatment. A sum of Rs. 25,000/- towards loss of future happiness and loss of amenities. In all it granted compensation of Rs. 94,000/-. However, it can be seen on totalling all the amounts awarded, the compensation would be a sum of Rs. 1,04,000/- and not Rs. 94,000/-. It is a totalling mistake.
The evidence of the Doctor is being relied upon to show the condition of the claimant. It is not free from doubt. The Doctor has stated in the evidence that the x- ray of the third vertebra is with reference to an old compression fracture. It is further stated that there is a 12% disability to the vertebra and 18% disability to the left lower limb. However, there is a 21% disability of the whole body. There is no justification for the Doctor to state that there is 21% disability of the whole body. On the basis of his evidence, the disability to the lower left limb is 18% only and 12% only to the vertebra. Under these circumstances, it is unsafe to rely on the medical evidence of the Doctor in order to establish so far as the injury of the claimant''s concerned.
The trial Court has awarded a sum of Rs. 35,000/- towards pain, shock and agony. I''am of the considered view that the same is inadequate and is enhanced to a sum of Rs. 50,000/-. Further, a sum of Rs. 35,000/- has been awarded towards medical expenses, hospitalisation, medicine, food, diet, conveyance etc. The medical bills are to an extent of Rs. 8,702,51/-. Therefore, the expenses allocated towards hospitalisation, medicine, food, diet, conveyance and attendant''s charges etc. in all awarded a sum of Rs. 35,000/- which is just and reasonable, I do not intend to interfere with the same. A sum of Rs. 9,000/- is awarded towards loss of income during the period of treatment on the ground that the claimant could not have worked at least for a period of 3 months and by taking his income at Rs. 3,000/- for the injury sustained and in view of the present situation that he is unable to stand. I''am of the considered view that at least a period of 6 months would be required for recovery by the claimant. Accordingly, the said amount stands enhanced to a sum of Rs. 18,000/- towards loss of income during the period of treatment. In view of the injury sustained a sum of Rs. 25,000/- has been awarded towards loss of future happiness and loss of amenities, it would be reasonable to enhance the same to Rs. 35,000/-. Accordingly, the compensation stands enhanced to a sum of Rs. 1,38,000/-. The enhancement compensation shall bear interest at the rate of 6% from the date of the Petition till realization to be paid within 8 weeks from the date of receipt of a copy of this order.