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Judgment
B. Sreenivas Gowda, J—Appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
Heard. Appeal is admitted and with the consent of the leaned counsel appearing for the parties, it is taken up for final disposal.
With the consent of the leaned counsel appearing for the parties, the appeal is heard and disposed off finally.
As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident that occurred on 22.01.2010 due to rash and negligent driving of a lorry bearing registration No. AP.22/V-2489 by its driver and liability of the insurer of the said vehicle, the only point remains for consideration in this appeal is:
Whether compensation of Rs. 3,32,000/- with interest at 6% per annum awarded by the Tribunal is just and reasonable or does it call for enhancement?
Claimant submits compensation awarded by the Tribunal towards pain and suffering and loss of future income is on the lower side and the Tribunal has committed an error in not awarding any compensation towards loss of income during laid up period. Therefore, he prays for allowing the appeal by enhancing compensation awarded by the Tribunal.
Per contra learned counsel appearing for the insurer of the offending vehicle submits even though compensation awarded by the Tribunal towards pain and suffering is marginally on the lower side, but more compensation awarded towards loss of amenities and loss of future income would take care of less compensation awarded towards pain and suffering and no compensation awarded towards loss of income during laid up period.
After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that, total amount of compensation awarded by the Tribunal is found to be more than just entitlement, there is no scope for enhancement.
As per Ex.P5 - wound certificate, the appellant/claimant had sustained the following injuries:
Swelling as well tenderness on left leg below knee
Fracture of Bicondylar of left tibia
Injuries sustained and treatment taken by him are evident from Ex.P8-Disability certificate, Exs.P9 and 10 Discharge Cards and Exs.P.157 & 158 x-rays films and are supported by the oral evidence of the claimant and the doctor who were examined as PWs. 1 and 2 respectively. PW.2-Dr. V. Sridhar Reddy in his evidence has stated that he has treated the claimant and issued the disability certificate and he has noticed the following features:
On examination on 23.12.10
Patient was walking with antalgic gait.
There was surgical scar present on anterior medical aspect of the leg and knee measuring about 15 to 18 cm. There was tenderness on medial condyle tibia & joint line. There was tenderness metadiaphysialk reason (L) tibia.
Anteriod drawer test positive.
ROM 0 to 100.
Patient is unable to squat & sit cross leg x-ray findings: on 23.12.10 x-ray No. 682, Fracture tibia condyle with implant in situ
Opinion: I am opinion that the patient is having whole body disability of about 25% to 30%"
Considering the nature of injuries sustained by the claimant Rs. 17,000/- awarded by the Tribunal towards pain and suffering is marginally on the lower side.
He has produced medical bills for Rs. 86,109/- as per Exs.P11 to P104. He was admitted in Balanku hospital, from 31.01.2010 to 05.02.2010 and again from 22.01.2010 to 25.01.2010 and in all he was treated as inpatient for 10 days. Considering the same Rs. 90,000/- awarded by the Tribunal towards medical and incidental expenses is just and proper and there is no scope for enhancement under these heads.
Considering the nature of injuries sustained by the claimant disability stated by the doctor and an amount of discomfort and unhappiness that he has to undergo in his future life a sum of Rs. 50,000/- awarded by the Tribunal towards loss of amenities is more than just entitlement and there is no scope for enhancement under this head.
With regard to awarding compensation towards loss of future income learned counsel for the claimant submits claimant is the registered medical practitioner (doctor) and was earning Rs. 10,000/- per month. After sustaining fracture of bicondylar of left tibia he could not continue his medical practice and prays for awarding compensation towards loss of future income by considering his income at Rs. 10,000/- per month and the disability at 30%.
The claimant in support of his contentions that he is a registered medical practitioner (doctor) and by practicing medicine he was earning Rs. 10,000/- per month neither has produced any certificate regarding his medical practice nor has produced any income tax returns for three years immediately prior to the accident. Further it is not the case of the claimant that after sustaining fracture of bicondylar of left tibia he has surrendered his medical certificate with the Karnataka Medical Council. Even otherwise nature of injuries sustained by him i.e. fracture of bicondylar of left tibia does not suggests that he could not continue his medical practice. However, the Tribunal treating him as skilled labour and assessing his income at Rs. 150/- per day and Rs. 4,500/- per month and taking the disability at 25% to the whole body as stated by the doctor and applying the multiplier of 13 applicable to his age group awarded a sum of Rs. 1,75,000/- towards loss of future income which in my opinion is on the higher side.
Therefore, I am of opinion that more compensation awarded by the Tribunal towards loss of amenities and loss of future income would take care of the less compensation awarded by the Tribunal towards pain and suffering and not awarding of any compensation towards loss of income during laid up period by the Tribunal.
As the total compensation of Rs. 3,32,000/- awarded by the Tribunal for fracture of bicondylar of left tibia sustained by the claimant in the road traffic accident occurred on 22.01.2010 is found to be more than just entitlement there is no scope for enhancement.
Accordingly, the appeal is dismissed as devoid of merit.
No order as to costs.