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Judgment
This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 24.02.2025 passed in MVC No.1046/2020 by the Additional District Judge and Additional MACT, Udupi (Sitting at Kundaupra).
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.2/insurer.
The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 23.10.2020 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing Regn.No.KA-20-V-9385. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Loss of future income arising out of permanent disability | 8,01,602/- |
| 02. | Loss of income during the period of treatment | 66,270/- |
| 03. | Medical bill, conveyance, nutrition and attending charges | 3,24,824/- |
| 04. | Loss of amenities | 10,000/- |
| 05. | Pain and sufferings | 15,000/- |
| 06. | Future medical expenses | 60,000/- |
| Total | 12,77,696/- |
The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/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.2/insurer.
The accident occurred on 23.10.2020 and as on the date of the accident, the claimant was aged 21 years. The Tribunal has taken the income of the claimant at Rs.11,045/- p.m. based on minimum wages. As per chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2020 is Rs.14,500/-and it is to be taken as against Rs.11,045/- taken by the Tribunal. The Tribunal has rightly added 40% towards future prospects and applied multiplier ‘18’.
Learned counsel for appellant has not challenged the disability taken by the Tribunal at 24%. In view of the above, the loss of future income is calculated as under:
Rs.14,500+40%=20,300x12x18x24%= Rs.10,52,352/-
The claimant has sustained the following injuries:
Multiple injuries
CLW over right lower thigh and knee (total 3) and 2 cm x 1 cm, 3 cm x 1 cm, 2 cm x 1 cm.
Displaced fracture distal 3rd femur right side with loss of bone on postero lateral aspect of lower femur.
Open fracture clavicle right side.
Minimal IA fracture distal radious and radial styloid fracture right side fracture.
Fracture patella right knee
Left eye I/O diplopia
Considering the said injuries, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.15,000/- requires to be enhanced to Rs.1,00,000/- and loss of amenities in a sum of Rs.10,000/- requires to be enhanced to Rs.70,000/-.
The Tribunal has awarded loss of income during laid up period for six months. As now the income taken is Rs.14,500/-, the loss of income during laid up period comes to Rs.87,000/- (Rs.14,500 x 6 months). Considering that the claimant has to undergo two surgeries for removal of implant, the Tribunal has rightly awarded Rs.60,000/- towards future medical expenses. The Tribunal apart from awarding Rs.2,84,824.00, has awarded Rs.40,000/- towards attendant charges, food, diet and nourishment and conveyance. The claimant has been admitted in the hospital for 60 days and therefore, he is entitled to Rs.60,000/- (Rs.1,000 x 60 days) as against Rs.40,000/- awarded by the Tribunal. Therefore, the claimant is entitled to medical expenses of Rs.2,84,824/- and attendant, conveyance charges, food, diet and nourishment in a sum of Rs.60,000/-, totally Rs.3,44,824/- as against Rs.3,24,824/- awarded by the Tribunal.
In view of the above, the claimant is entitled to compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Loss of future income | 10,52,352/- |
| 02. | Pain and suffering | 1,00,000/- |
| 03. | Loss of amenities | 70,000/- |
| 04. | Loss of income during laid up period | 87,000/- |
| 05. | Future medical expenses | 60,000/- |
| 06. | Medical expenses, food, nourishment, attendant and conveyance charges | 3,44,824/- |
| Total | 17,14,176/- |
Considering the above aspects, the claimant is entitled to total compensation of Rs.17,14,176/- as against Rs.12,77,696/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization.
Consequently, the claimant is entitled to enhanced compensation of Rs.4,36,480/- with interest @ 6% p.a.
from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.
In view of the above, the following:
ORDER
The appeal is allowed in part.
ii) The appellant/claimant is entitled to enhanced compensation of Rs.4,36,480/-with interest @ 6% p.a. from the date of petition till realization.
iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.
iv) The claimant is not entitled to interest for the delay period of 404 days delay in filing the appeal
Appellant/claimant is entitled to release of entire enhanced compensation.