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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned common judgment and award dated 13th October 2006, passed in M.V.C. No. 5311/2003, by the XVI Additional Judge, Member; Motor Accident Claims Tribunal, Bangalore, (SCCH-I4), (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 64,000/- awarded in favour of the Claimant as against his claim for Rs. 02.20 Lakhs, is inadequate.
The Appellant claims to be aged about 28 years, working as auto rickshaw driver was hale and healthy prior to the date of accident. That the occurrence of accident at about 7:45 A.M., on 01-09-2003 near Rayarapalya gate of Dobbaspet police limits on account of rash and negligent driving by the driver of the bus and the resultant injuries sustained by the Appellant are not in dispute.
It is the case of the Appellant that on account of the accident, he has sustained fracture of both bones left fore arm, loose mobile lower incisor tooth signs of severe head injury, multiple abrasions on face and the Doctor has assessed whole body disability at 20% to 22%. But the Tribunal has erred in not awarding any compensation towards less of future income. Therefore, the impugned judgment and award passed by Tribunal is liable to be modified by awarding just and reasonable compensation.
On account of the injuries sustained in the accident, the Appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 2.20 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 13th October, 2006. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 64,000/- with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellant is in appeal before this Court, seeking enhancement of compensation.
I have heard learned Counsel for Appellant and learned Counsel for Insurance Company, for considerable length of time.
After hearing learned Counsel for the parties
and alter perusal of the judgment and award passed by Tribunal including the original records placed before me, I am of the view that, the Tribunal is justified in awarding compensation towards pain and sufferings, medical expenses, loss of income during treatment period, loss of amenities, and conveyance, nourishing food and attendant charges and hence, it does not call for interference.
However, the Tribunal has erred in not awarding any compensation towards loss of future income. The Doctor has assessed 35% functional disability towards left upper limb and 20% to 22% towards whole body. The Appellant, being aged about only 28 years, has 10 endure the said disability for the rest of his life. He being an auto rickshaw driver, the disability caused to the left upper limb would definitely come in the way of his profession and he cannot drive the vehicle as effectively as he was driving before. Further, the Doctor has specifically stated that he can do manual work but cannot do any skilled work. This aspect of the matter has not been looked into or considered by the Tribunal. The Appellant was aged about 28 years and the proper multiplier applicable as per the decision of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, is ''17''. The monthly income assessed by Tribunal at Rs. 3,000/- is just and proper arid I accept the same. Accordingly, takmg the monthly income of the Appellant at Rs. 3,000/-, whole body disability at 10%, applying multiplier of ''17'', I award a sum of Rs. 61,200/-(i.e. Rs. 3,000/- � 1.2 � ''17'' � 10/100) towards loss of future income. Thus, the claimant would be entitled to an enhanced compensation of Rs. 61,200/-.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by Appellant is allowed in part The impugned common judgment and award dated 13th October 2006, passed in M.V.C. No. 5311/2003, by the XVI Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore, (SCCH-14), is hereby modified, awarding a sum of Rs. 61,200/- with interest at 6% per annum, in addition to the compensation awarded by Tribunal.
The Insurance Company is directed to deposit the enhanced compensation of Rs. 61,200/-, with, interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, the entire sum shall be released in favour of the Appellant, immediately.
Office to draw award, accordingly.