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Judgment
H.G. Ramesh, J.—MFA. No. 8928/2009 is filed by the insurance company and MFA.Crob. is filed by the claimant against judgment and award passed by the learned III Addl. Judge, MACT, Bangalore, in MVC. No. 8681/2007. Claimant being the driver of the Jeep belonging to Excise Department, sustained injuries in the accident that occurred on 23.11.2007 at about 12.45 p.m. near Ajiihalli Gate, Tumkur-Madigiri Road, Koratagere Taluk. It is the case of the claimant that when he was driving TATA Sumo bearing registration No. K 06 G 438, a bus bearing registration No. TN-55-F-6567 came in a rash and negligent manner and caused the accident due to which he sustained grievous injuries. Claimant filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the respondent-insurer, the Tribunal raising relevant issues for consideration, after enquiry, holding that the accident was due to negligence on the part of the driver of the bus in question, awarded total compensation of Rs. 3,03,600/- with interest at 6% p.a. from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation, the Insurance Company has filed MFA. No. 8928/2009 whereas MFA.Crob. 103/2012 is filed by the claimant seeking enhancement of compensation.
Heard the learned counsel representing the parties.
The learned counsel for the insurer submits that claimant being a Government official, there is no loss of future earning due to disability and hence, no compensation could have been awarded under that head. Learned counsel for claimant submitted that the compensation awarded by the Tribunal is just and proper and there is no justification to interfere with the judgment and also seeks enhancement of compensation. Claimant has sustained right zygomatic maxillary fracture with scalp laceration, post traumatic bilateral C7 transverse, process fracture, concussive head injury, deep cut injury on front head and contusion wound on right femur. It is stated that claimant has suffered disability of 45% to the right limb and 13% to the whole body. Having regard to the nature of injuries suffered by the claimant, he is awarded another sum of Rs. 25,000/- towards loss of amenities and enjoyment in life and Rs. 20,000/- towards loss of income during the period of treatment. So far as loss of future income due to disability is concerned, though claimant is not entitled for compensation under the head as he has not discontinued working, but his post-retirement earnings would affect having regard to the disability suffered by him, towards which he would be awarded a sum of Rs. 50,000/-. Thus, in all the claimant is entitled to compensation of Rs. 3,05,000/- instead of Rs. 3,03,500/- as awarded by the Tribunal in modification of the impugned judgment and award passed by the Tribunal, with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The respondent-insurer to deposit the amount within three months.
Appeal and MFA.Crob. are allowed in part accordingly.
The amount in deposit before this Court shall be transferred to the Tribunal for disbursal.