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Judgment
B.S. Indrakala, J.—The above appeal filed by the claimant in MVC No. 380/2008 against the judgment and award dated 09.09.2009 passed in the said case on the file of the Principal Civil Judge (Sr. Dn) and MACT-IV, Davanagere, inter-alia contending amongst other grounds that the amount of compensation awarded in the circumstances of the case is meager and seeks enhancement of the same. The cause of accident as well as the claimant suffering injuries in the said accident are not in dispute.
It is the case of the appellant that he suffered facture to his left Tibia and Fibula in the accident which occurred on 14.11.2007; he was inpatient for 13 days in the hospital in all; he was treated conservatively. The appellant got examined himself as PW-1, besides examined the Medical Officer as PW-4, who has deposed that the appellant did sustain disability to an extent of 22% and as such the Tribunal has taken 7% as the disability in relation to the whole body which is proper.
On considering the evidence so adduced, the Tribunal deemed it fit to award a sum of Rs. 75,046/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.
Being aggrieved by the said judgment and award the appellant has preferred this appeal.
The learned counsel appearing for the appellant submits that the Tribunal has taken disability at 7%, it has not assessed the income of the appellant properly; by considering the evidence, Rs. 6,000/- should have been taken as income of the appellant, but the Tribunal has taken Rs. 4,000/- p.m. as income of the appellant. Further he submitted that the amount awarded under the head ''Pain and Suffering'' and other heads are also inadequate and seeks enhancement of the same.
Per contra, the learned counsel appearing of the respondent insurer submits that the amount awarded by the Tribunal is just and proper and does not call for any interference.
Considering the year of accident 2007, assessment of the income at Rs. 4,000/- p.m. is proper and likewise the percentage of the disability assessed at 7% by the Tribunal is also proper. In the circumstances, the amount awarded by the Tribunal at Rs. 50,400/-(4,000 X 7/100 X12 X15) towards disability is proper.
Considering the nature of injuries suffered, i.e., fracture to both the bones, it is reasonable to award Rs. 30,000/- towards ''Pain and Suffering'', Rs. 15,000/- towards ''Incidental Expenses'', Rs. 8,000/- towards loss of income during laid up period'', Rs. 10,000/- towards ''Loss of amenities'' and thus the appellant is entitled to be compensated as hereunder:
Thus the claimant is entitled to be compensated at Rs. 1,23,046/- as against Rs. 73,046/-.
The apportionment of liability by the Tribunal in the circumstances of the case is also proper and thus out of the enhanced amount of Rs. 49,646/- the appellant is entitled for 50% of the amount i.e. Rs. 24,823/-.
Accordingly, the appeal is partly allowed by enhancing the compensation by Rs. 49,646/-. However as the appellant has also contributed to the cause of accident in equal proportion, he is entitled for the compensation only to the extent of 50% of the amount so enhanced from the respondent. The respondent is directed to deposit the said amount with interest at the rate of 6% per annum, from the date of petition till the date of realization within four weeks from the date of receipt of copy of this judgment and the same shall be released in favour of the appellant.