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Judgment
Ravi Malimath
Aggrieved by the judgment and award dated 23.12.2008, passed in MVC No 3646/2008 on the file of VI Additional Judge, Court of Small Causes, Member, MACT, Bangalore, the appellant has filed this appeal seeking enhancement.
The case of the appellant is that on 12.04,2008, at about 12.30 p.m. when he was riding his two wheeler bearing No. KA-03-EJ-435 on Bannerghatta road, near Diary Circle, a maruthi car bearing No. CKH- 3006 came in a rash and negligent manner and dashed against him. As a result, the appellant sustained injuries and he was shifted to Mediscope Hospital. Bangalore and thereafter to Al-Ameen Hospital, where he spent, huge sum towards medical expenses. On a claim petition being filed, the Tribunal awarded a compensation of Rs. 1,13,683/ - along with interest @ 6% per annum Hence, the present appeal seeking enhancement.
The counsel for the appellant submits that the compensation awarded by the Tribunal is meager and an enhancement is required. The counsel for the respondent defends the judgment,
The Doctor who has been examined as PW-2 has stated that the claimant has sustained a fracture of L-1 Vertebrae and the injury is grievous in nature and that he was admitted to the hospital on 15,04,2008 and was discharged on 23.04,2008 with an advise to come, for regular follow-up, that the injury to the spine was an extent of 15% and is permanent, that there is tenderness and restricted moment of the spine and that the chest x-ray shows that there is a healed compression fracture body of L-1 vertebrae with bony chips seen in situ.
The Tribunal awarded the following sums as compensation:
Pain and suffering
: Rs. 30,000/-
Food, and nourishment
: Rs. 3,000/-
Attendant charges
: Rs. 2,000/-
Traveling expenses
: Rs. 2,000/-
Medical expenses
: Rs. 34,283/-
Loss of Amenities
: Rs. 40,000/-
Loss of earnings
: Rs. 2,400/-
Total
: Rs. 1,13,683/-
In the facts and circumstances involved and in view of the medical evidence, I am of the considered view that the compensation calls for enhancement, The compensation towards pain and suffering is enhanced to a sum of Rs. .40,000/-, compensation towards food and nourishment is enhanced to Rs. 5,000/- Under the head loss of earning, on the basis of the medical evidence, the appellant would have been out of work for atleast six months. Under these circumstances, the loss of income taken @ Rs. 3,000/- per month, the claimant is entitled to a sum of Rs. .18,000/- (6 x Rs. ,3000), towards loss of future earnings. The claim of the appellant is that he was earning Rs. .8,000/- per month. However, the certificates produced by the appellant does not substantiate the same. Hence, the income is taken @ Rs. .3,000/- and a sum of Rs. .46800/- is awarded under the head of loss of future earnings'' Accordingly, the break-up of enhanced compensation awarded to the appellant is as follows:
Pain and suffering
: Rs. 40,000/-
Food and nourishment
: Rs. 5,000/-
Attendant charges
: Rs. 2,000/-
Traveling expenses
: Rs. 2,000/-
Medical expenses
: Rs. 34,283/-
Loss of Amenities
: Rs. 40,000/-
Loss of income during laid up period
: Rs. 18,000/-
Loss of future earnings
: Rs. 46,800/-
Total
: Rs. 1,88,083/-
Accordingly, the compensation stands enhanced by a further sum of Rs. .74 400/- (1,88,083 -1,13,683). The enhanced amount shall carry interest @ 6% p.a. from the date of petition till the date of payment.