Antony vs T.H. Hameed and Others

S.N. Satyanarayana, J.—The claimant in MVC No. 5/2006 on the file of MACT, Mangaluru, D.K., has come up in this appeal seeking enhancement of compensation. Brief facts leading to this appeal are as under:

The claimant an inmate of jeep bearing registration No. KA 21 4009 was proceeding from Mangaluru towards Chennai. While he was so proceeding the said jeep was hit by lorry bearing No. KA 19 A 312. The said accident has taken place near Korameru in Ichalampady village of Puttur taluk resulting in injuries to the claimant and other inmates of the jeep. The said accident is not in dispute. So also the injuries suffered by the claimant and others.

The pleadings and evidence on record would disclose that claimant has suffered injures to his head as well as to the face. The evidence on record would disclose that claimant was admitted to Mangala Nursing Home, Mangaluru on the same day i.e., on 02.11.2005 where he was treated as inpatient for the injuries suffered to his head which are basically haemorrhage, contusion to frontal bone, with subdural haematoma of left frontal temporal region and the records would disclose that he was treated conservatively and the records would also disclose that claimant, a resident of Shiradi has to travel all the way from his place to Mangaluru for treatment with one of his family member being his attendant for all the 48 days.

In the proceedings before the tribunal while considering the case of claimant for compensation the court below has awarded medical expenses to the tune of Rs. 76,000/- based on the bills which are produced and so far as pain and suffering is concerned, Rs. 50,000/- is awarded. So far as loss of income during laid up period is concerned, only Rs. 9,000/- is awarded. With reference to attendant and conveyance and nourishing food Rs. 7,000/- is awarded. The claimant being aggrieved by the same has come up in this appeal.

Heard the learned counsel for the appellant. Perused the evidence available on record. On going through the same it is seen that the compensation awarded under the head pain and suffering is just and proper. So also medical expenses at Rs. 76,000/- remains undisturbed. So far as compensation payable for conveyance and attendant charges which is awarded at Rs. 7,000/- is increased to Rs. 15,000/-. So far as loss of income during laid up period which is awarded for three months is increased to six months i.e., from Rs. 9,000/- to Rs. 18,000/-. In addition to that another sum of Rs. 61,200/- is awarded towards loss of future earning by taking the whole body disability at 10% and notional income of claimant at Rs. 3,000/- and considering the age of claimant as 28 the multiplier of 17 is applied. In addition to that another sum of Rs. 20,000/- is awarded towards loss of amenities. With this the compensation amount is enhanced from Rs. 1,42,000/- to Rs. 2,40,200/-. In other words the enhanced compensation is in a sum of Rs. 98,200/- which is rounded of to Rs. 1,00,000/- which the claimant is entitled to receive along with interest at 6% from the date of petition till the date of deposit of entire amount. From out of the enhanced compensation Rs. 10,000/- with proportionate interest is ordered to be released in cash in favour of claimant and balance Rs. 90,000/- with proportionate interest is ordered to be deposited in any nationalized bank for a period of five years with right to receive interest periodically except for the period of 269 days for which interest is denied by order dated 15.04.2015.