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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
Heard, the appeal is admitted and with the consent of the learned counsel appeasing for the parties, it is taken up for final disposal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 27.10.2007 due to rash and negligent driving of the offending Tata Indica car bearing registration No.KA-41-4007 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
"whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"
After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the Tribunal has committed an error in awarding a global compensation of Rs. 75,000/- and a sum of Rs. 15,000/- towards medical expenses. Therefore, I re-assess the compensation and award the following compensation.
The claimant has sustained head injury of left frontal fracture undisplaced and injuries to left shoulder.
The injuries sustained by the claimant are evident from the wound certificate Ex.P-6, discharge summaries Ex.P-8 & 9, case sheet Ex.P-12 and supported by oral evidence of the claimant examined as PW-1 and the doctor is not examined regarding disability.
Considering the one major fracture, a sum of Rs. 30,000/- is awarded towards ''pain and suffering''.
The claimant has produced medical bills for Rs. 9,410/- and he was treated as inpatient for about 7 days in Sanjay Gandhi Hospital, Bangalore. Considering the same, a sum of Rs. 15,000/- is awarded towards ''medical and incidental expenses''.
The claimant claims to have been earning Rs. 6,000/- p.m. by working as a Mason, but the same is not established by producing any documents. In the absence of proof of income, his income can be assessed at Rs. 4,000/- per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 4 months and therefore a sum of Rs. 15,000/- is awarded towards loss of income during laid up period''.
Considering the injuries indicated in the wound certificate and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 15,000/- is awarded towards loss of amenities''.
The claimant is not examined regarding disability, hence, he is not entitled for the compensation under the head of loss of future income''.
Considering the nature of injuries, a sum of Rs. 10,000/- is awarded towards ''future medical expenses''.
Thus, the claimant is entitled for the following compensation:
HEADS
Rs.
1
Pain and sufferings
30,000
2
Medical & incidental Expenses
15,000
3
Loss of income during laid up period
16,000
4
Loss of amenities
15,000
5
Future medical expenses
10,000
TOTAL
86,000/-
As the compensation awarded by the Tribunal is more than just entitlement and there is no scoops of enhancement. Accordingly, the appeal is dismissed as devoid of merits.
Sri B.C. Shivannegowda, Adv. was directed to take notice for R2 and he has argued the case on their behalf and be is granted two weeks'' time to file vakalath.
No order as to costs.