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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
Heard The appeal is admitted 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.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 20.10.2007 due to rash and negligent riding of TVS Victor motor cycle bearing registration No. KA-02-EG-2488 by its rider and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether 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 judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore it is deserved to be enhanced.
As per wound certificate Ex. P 5 and discharge summary Ex. P 6 the claimant has sustained the following injuries:
i) Cut lacerated would measuring 4 � 5 cm starting from the medial end of right eyebrows extending upwards over the forehead and visible fractured bone tibia left leg at the lower 2/3rd with an overlying wound measuring 6 � 4 cms on the medial aspect of left chin.
ii) X ray disclosed fracture of both bones of left leg.
Injuries sustained and treatment taken by him are also evident from X rays Ex. P 8 and P 11, admission sheet Ex. P 9, OP record Ex. P 10 and supported by oral evidence of the claimant and doctor'' examined as P.Ws. 1 and 2 respectively.
P.W.2-Dr. Ramalingam has stated in his evidence that claimant had suffered permanent disability at 50 to left lower limb and 17% to whole body.
Considering fracture of both bones of left leg and the nature of injuries, Rs. 32,000/- global compensation awarded by the Tribunal is not just and proper, therefore I reassess the same and award the following compensation.
Considering the nature of injuries and duration of treatment I award Rs. 30,000/- towards pain and suffering.
The claimant has produced medical bills of Rs. 3,103/- and I award Rs. 3,500/- towards medical expenses.
Claimant was treated as inpatient for 12 days in Bowring and Lady Curzon Hospital, Bangalore. Considering the nature of injuries and duration of treatment, I award Rs. 5,000/- towards incidental expenses such as conveyance, nourishment and attendant charges.
Claimant; claims to have been earning Rs. 30,000/- per month by working as an electrician, but the same is not supported by producing any documents. In. the absence of proof of income, I assess the income of the claimant, at Rs. 3,000/- per month. Nature of injuries suggest that he must have been under rest and treatment for a period of 4 months. Therefore, a sum of Rs. 12,000/- is awarded towards JOSS of income during laid up period.
Considering the disability stated by the doctor and certain amount of discomfort and unhappiness the claimant has to undergo in his future life it is just and proper to award Rs. 1.5,000/- towards loss of amenities and it is awarded.
The claimant is aged about 30 years and multiplier applicable to his age group is 17. Doctor has assessed 50% disability to lower limb and 17% to whole body. Hence functional disability could be assessed at 12%. So, loss of future income works out to Rs. 73,440/- (Rs. 3,000/- � 12% � 12 � 17) and it is awarded.
Considering the nature of injuries it is just and proper to award Rs. 5,000/- towards future medical expenses and I award the same.
Thus the claimant is entitled for the following compensation:
1) Pain and suffering Rs. 30,000/-
2) Medical expenses Rs. 3,500/-
3) Incidental expenses Rs. 5,000/-
4) Towards loss of income
during laid up period Rs. 12,000/-
5) Loss of amenities Rs. 15,000/-
6) Towards loss of future income Rs. 73,340/-
7) Towards future medical expenses Rs. 5.000/-
Total Rs. 1,43,940/-
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. 1,43,940/- as against Rs. 32,000/- awarded by the Tribunal with interest at 6% p.a. on the additional compensation of Rs. 1,11,940/- from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment.
Out of the additional compensation, Rs. 80,000/-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 twelve years with a light of option for him to renew the deposit from time to time and withdraw interest periodically and the remaining amount with proportionate interest is ordered to be released in his favour.
No order as to costs.