Thimmanna @ Anesh vs K. Hemareddy and The Branch Manager National Insurance Co. Ltd.

Mohan M. Shantanagoudar, J.—Mr. Thimmanna aged about 40 years suffered serious injuries in the accident that occurred on 02.04.2008. Immediately, he was taken to Govt. Hospital, Hiriyur and thereafter he was shifted to C.G. Hospital, Davangere where his right leg was amputated on 04.07.2008. Ex. P4 is the wound certificate and Ex. P6 is the discharge card issued by C.G. Hospital, Davangere which reveals that the claimant had taken treatment as inpatient from 04.04.2008 to 25.04.2008 i.e. for about 21 days. He has also produced another discharge card issued by C.G. Hospital at Ex. P7 which reveals he has taken treatment as inpatient from 23.06.2008 to 08.08.2008 for about 46 days. Thus, the claimant was inpatient for 67 days in toto. He has produced 51 medical bills. The Tribunal in all has awarded compensation to the tune of Rs. 4,85,503/-. This appeal is filed for enhancement of the compensation. Undoubtedly, the right leg of the claimant was amputated above knee. The disability comes to 70%. The case of the claimant is that he was working as an auto driver and was eking his livelihood as a driver. However Ex. P15 driving licence discloses he has obtained licence for driving a non transport vehicle.

Be that as it may, the facts remains that the claimant was driver by profession. The accident was occurred in the year 2008. (Any layman could earn Rs. 150/- to 200/- per day at the relevant point of time Since the claimant was driver by profession, we assess the income of the claimant at Rs. 5,000/- per month.

Since the claimant has lost his right leg above knee once and for all, he cannot drive any vehicle at any point of time. Therefore, we assess his functional disability at 75% to whole body. He could do some other work by sitting on wheel chair by using his hands. Having regard to the totality of the circumstances, we assess the functional disability at 75%. Having regard to the age of the claimant appropriate multiplier to be adopted is 15. Thus, on the facts and figures, the claimant would be entitled to Rs. 6,75,000/- as compensation under the head "loss of future income" due to disability.

Since the claimant had undergone operation on two occasions and his right leg has been amputated he must have been suffered lot of pain and agony, he was in the hospital for 67 days as aforementioned. Therefore the claimant would be entitled to Rs. 1,50,000/- under the head "pain and suffering" and Rs. 1,50,000/- under the head "loss of amenities" as he has to suffer the same through out his life. He shall be awarded Rs. 25,000/- towards medical expenses and Rs. 30,000/- towards incidental expenses. Since the claimant has to depend upon others for his day to day affairs through out his life and consequently may need to spend certain expenses on medicines and attendant charges, we award Rs. 50,000/- towards future medical and attendant and other incidental expenses. Thus, the claimant would be entitled to a total compensation of Rs. 10,80,000/-. Accordingly the following order is made: The appeal is allowed in part. The compensation is enhanced to Rs. 10,80,000/- from Rs. 4,85,503/-. The rate of interest, deposit in the bank shall be remain in terms of the award of the Tribunal.