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Judgment
S. Abdul Nazeer, J.—These two appeals are directed against the judgment and award in MVC. No. 6843/2006 dated 07.07.2008 on the file of the Motor Accidents Claims Tribunal, Bangalore, whereby the Court below has awarded a total compensation of Rs. 5,35,000/- with interest 6% from the date of petition till the date of deposit, in favour of the claimant. The insurer of the offending vehicle has filed MFA No. 3057/2009 contending that the award of compensation towards medical expenses to the tune of Rs. 2,09,000/- is excessive. The connected appeal MFA No. 1766/2011 was filed by the claimant seeking enhancement of compensation.
I have the learned counsel for the parties.
Learned counsel for the claimant contends that the claimant had sustained grievous injuries in the accident. His left leg below knee was amputated. He was aged about 55 years at the time of accident and was doing agriculture and sericulture. He was hospitalized for about three months. He was earning Rs. 10,000/- per month. The Court below has not awarded appropriate compensation towards loss of future earning capacity. It has taken the income of the claimant at Rs. 3,000/- per month for the purpose of computation of loss of future earning capacity. The award of compensation in a sum of Rs. 25,000/- towards loss of amenities and Rs. 18,000/- towards loss of income during the laid up period is on the lower side. The award of compensation towards future medical expenses and incidental expenses is on the lower side.
On the other hand, learned counsel appearing for the insurance company submits that the award of Rs. 2,09,000/- towards medical expenses is not supported by medical bills. The Court below has taken into account the advance paid to the hospital as also the provisional bills. It has awarded a sum of Rs. 1,05,000/- in excess towards medical expenses.
There is no dispute as to the occurrence of the accident and liability on respondent - insurance company to pay the compensation. Having regard to the contentions urged, the 1st question for consideration is as to whether medical expenses awarded by the tribunal is excessive?
I am taken through the medical bills at Ex. P10 series. It is clear that some of the bills are advance payments made to the hospital. Out of the bills, the bill for Rs. 50,000/.- is a provisional bill. The total amount comprised of in these bills is Rs. 1,05,000/- which has to be deducted from the medical expenses awarded by the Tribunal. Thus, the medical expenses payable to the claimant comes to Rs. 1,04,000.
That brings me to the 2nd question as to whether the award of compensation by the Court below under other heads is adequate?
Though the claimant contends that he was earning Rs. 10,000/- per month, he has not established the same by leading cogent evidence. As stated above, the accident had occurred on 17.06.2006. The left leg below the knee of the claimant was amputated because of the accident. It is just and proper to hold that claimant had suffered 50% permanent disability to the whole body. It cannot be disputed that the claimant was an agriculturist and also engaged in sericulture. It is just and proper to notionally fix his income at Rs. 4,500/- per month. The multiplier applicable to the case is 11. By taking his income at Rs. 4,500/- per month, with the application of multiplier 11 and 50% disability to the whole body, the compensation payable towards loss of future earning comes to Rs. 2,97,000/-.
It is clear from the records that the claimant was hospitalized for three months. A sum of Rs. 1,00,000/- is awarded towards pain and agony as against Rs. 50,000/-awarded by the Tribunal. As stated above his left leg below knee was amputated and he has to live with the said disability throughout his life. Therefore, a sum of Rs. 1,00,000/- is awarded towards loss of amenities. He is entitled for a sum of Rs. 27,000/- (six months earning) towards loss of income during the laid up period. Award of Rs. 25,000/- towards loss of future medical expenses is just and reasonable. He is entitled for a sum of Rs. 25,000/- towards conveyance, nourishment and incidental charges.
Thus, the compensation payable to the claimant is reassessed as under:
The Court below has awarded compensation of Rs. 5,35,000/- which has to be deducted from the aforesaid amount. The balance compensation payable to the claimants is Rs. 1,43,000/-, with interest at 6% per annum from the date of the petition till the date of deposit, except for the delayed period of 806 days as per the order dated 25.11.2013 in Misc. Cvl. No. 4307/2011. United India Insurance Company - appellant in MFA No. 3057/2009 and 1st respondent in MFA No. 1766/2011 is directed to deposit a sum of Rs. 1,43,000/- with interest as above minus statutory deposit made in MFA No. 3057/2009 within six weeks from the date of receipt of copy of this order. The amount in deposit in MFA No. 3057/2009 shall be transferred to the Tribunal forthwith. The claimant is permitted to withdraw the amount on its deposit. Both the appeals are disposed of in the aforesaid terms. The judgment and award of the Court below stands modified accordingly. No costs.