AI Structured Summary
Not yet generated for this judgment
Judgment
Subhash B. Adi
Sri C. Shankar Reddy is directed to take notice for respondent No.2. There is a delay of 21 days in fling both the appeals. Cause shown is accepted. Delay in both the appeals is condoned.
These two appeals are filed by the respective claimant against the judgement and award passed in M.V.C. Nos. 1432/2009 and 1431/2009.
The Tribunal has awarded compensation of Rs. 87,800/- and Rs. 1,33,400/- with interest.
The claimant in M.V.C. No. 1432/2009 has suffered fracture of acromian process right scapula. He was treated as inpatient. Doctor has assessed disability at 12% to the whole body. However, the Tribunal has taken disability at 7% and income of the claimant at Rs. 3,000/- and has computed compensation as under:
Loss of future income :
Rs. 37,800/-
Pain and suffering :
Rs. 25,000/-
Treatment and medical expenses :
Rs. 5,000/-
Attendant charges, nutrition and Incidental charges :
Rs. 5,000/-
Loss of amenities :
Rs. 15,000/-
TOTAL
Rs. 87,800/-
The accident is of the year 2009. Having regard to the cost of living, in my opinion, the income of the claimant should have been taken at Rs. 4,500/- per month. Having regard to the nature of injury sustained by the claimant and taking disability at 10% the claimant is entitled for Rs. 81,000/- (450 x 12 x 15) as against Rs. 37,800/- awarded by the Tribunal i.e. additional compensation of Rs. 43,200/- towards loss of future income. The claimant is also entitled for additional compensation of: Rs. 5,000/- towards incidental expenses and Rs. 13,500/- towards loss of income during the laid-up period.
In all the claimant in M.V.C. No. 1432/2009 is entitled for Rs. 61,700/- rounded off to Rs. 62,000/- over and above the compensation awarded by the Tribunal with interest.
The claimant in M.V.C. No. 1431/2009 has suffered fracture of 5th, 6th, 7th and 8th ribs on the left side. She was treated as inpatient and Doctor has assessed disability at 15%. The Tribunal though has taken disability at 15% to the whole body and has awarded compensation of Rs. 1,33,400/- as under:
Loss of future earning :
Rs. 86,400/-
Pain and suffering
Rs. 25,000/-
Treatment and Medical Expenses :
Rs. 5,000/-
Attendant charges :
Rs. 2,000/-
Loss of amenities :
Rs. 15,000/-
TOTAL
Rs. 1,33,400/-
However, the Tribunal has taken the income of the claimant at Rs. 3,000/- per month. Considering the cost of living, income of the claimant should have been taken at Rs. 4,500/- per month As such, the claimant is entitled for Rs. 1,38,240/- (Rs. 720 x 12 x 16) as against Rs. 86,400/- awarded by the Tribunal i.e.. additional compensation of Rs. 51,840/- rounded off to Rs. 52,000/- towards loss of future earning. She is entitled for additional compensation of: Rs. 5,000/- towards incidental expenses and Rs. 13,500/- towards loss of income during the laid-up period. In all the claimant in M.V.C. No. 1431/2009 is entitled for Rs. 70,500/- over and above the compensation awarded by the Tribunal with interest.
Accordingly, the appeals are partly allowed.
Sri C. Shankar Reddy, learned counsel is permitted to file vakalath in two weeks.