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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.
Heard and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
Brief facts of the case are:
That on 14-9-01, when, the claimant was proceeding by riding Kinetic Safari bearing registration No. KA-19-K-514 towards his house in Arya Samaj road from Nandikoor Clinical Laboratory of Balmatta a motor cycle bearing registration No. KA-19-J-2377 came from opposite direction in a rash and negligent manner and dashed against his motor cycle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Mangalore, seeking compensation of Rs. 2,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. 55.000/- with interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal seeking enhancement of compensation.
As there is no dispute regarding occurrence of accident negligence and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether the quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement?
After hearing the learned Counsel for the parties and perusing the award of the Tribunal. I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced.
The claimant has sustained the following injuries:
Swelling, tenderness and deformity of left knee joint with torn anterior, cruciate ligament and posterior cruciate ligament and multiple abrasions over left fore arm and elbow joint.
Injuries sustained by him are evident from the wound certificate - Ex. P.6 certificate issued by physiotherapist - Ex. P.10, disability certificate - Ex. P.11, discharge summary - Ex. P.12, certificate issued from Ayurveda Hospital - Ex. P.13, case sheet - Ex. P.14 and supported by oral evidence of the claimant and two doctors examined as P.Ws. 1, 2 and 3 respectively. Claimant was treated as inpatient for a period of 16 days in Athena Hospital, Mangalore,
P.W. 2 - Dr. Sridhar Shetty, has stated in his evidence that he treated the claimant for the ligament injury to left knee joint in Athena Hospital His knee flexion is 85%. He assessed the disability on 31-1-05, and on examination he found, knee stiffness is persisting and he has stiffness of left patella bone also. In his view, he has got 25% of functional disability to left knee and it may be reduced to 10% after some time. P.W. 3 is running a Laboratory under whom claimant was working as a Laboratory Assistant.
Considering the nature of injuries, Rs. 20,000/- awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another Rs. 5,000/- and I award Rs. 25,000/- under this head.
As Rs. 22,000/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant for Rs. 21,825/-, the same is just and proper and therefore, it does not call for enhancement.
Claimant was treated as inpatient for 16 days in Athena Hospital and A.J. Hospital, Mangalore. Considering the same. Rs. 5,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is on the lower side and it is deserved to be enhanced by another sum of Rs. 5,000/- and 1 award Rs. 10,000/-under this head.
Claimant has stated he was getting salary of Rs. 2,000/- per month by working as an Assistant in the Laboratory of P.W. 3. The Tribunal considering the same and considering the period of treatment as three months, has awarded Rs. 6,000/- towards loss of income during laid up period, the same is just and proper and there is no scope for enhancement.
Claimant even after sustaining injury has continued his employment in the Laboratory of P.W. 3 and there is no loss of employment. Therefore, he is not entitled for compensation towards loss of future income. Nevertheless, he has to bear with the disability stated by the doctor and certain amount of discomfort and unhappiness, which he has to undergo for the rest of his life. Considering the same, Rs. 2,000/- awarded by the Tribunal towards loss of amenities is on the lower side and it is deserved to be enhanced and I award Rs. 25,000/- under this head.
Thus the claimant is entitled for the following compensation:
1) Pain and suffering Rs. 25,000/- 2) Medical expenses Rs. 22,000/- 3) Incidental expenses Rs. 10,000/- 4) Towards loss of income during laid up period Rs. 6,000/- 5) Towards loss of amenities Rs. 25,000/-
Total Rs. 88,000/-
Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 88,000/- as against Rs. 55,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 33,000/-from the date of claim petition till the date of realisation, excluding interest for the delayed period of 241 days in filing the appeal.
The Insurance Co. is directed to deposit the enhanced compensation amount with interest, excluding interest for the delayed period of 241 days in filing the appeal, within two months from the date of receipt of a copy of this judgment.
Out of the enhanced compensation 75% with proportionate interest is ordered to be invested in F.D. in any nationalized or scheduled Bank in the name of the claimant for a period of 6 years and the remaining amount with proportionate interest is ordered to be released in his favour.
No order as to costs.