Bagappa Adiveppa Metri vs Vijaykumar and Others

Budihal R.B., J.—This is the appeal preferred by the appellant - petitioner being aggrieved by the judgment and award passed by the Tribunal regarding the quantum of compensation and also challenging the legality and correctness of the same on the grounds as mentioned in the appeal memorandum.

Brief facts of the petitioner''s case before the Tribunal are that the petitioner filed the claim petition claiming total compensation of Rs. 7,00,000/- with interest. It was mentioned that on 20.03.2010 at about 11 a.m. when the petitioner along with others was travelling in an auto-rickshaw bearing No. KA-28/A-5584 from Koralli to Almel, the driver of the said auto was driving the same in slow and cautious manner and on extreme left side of the road. At that time, one tipper bearing No. GA-02/T-5063 came from Almel side in a very high speed and rash and negligent manner and dashed to the petitioner''s auto and caused the accident. As a result, the petitioner sustained injuries.

Respondent Nos. 1 and 2 entered appearance. Respondent No. 1 denied the allegations made in the petition and also the averments made with regard to the income, occupation, age and other particulars of the petitioner. Respondent No. 2 -insurance company also contended that it is not liable to pay the compensation and its liability is subject to valid possession of D.L., permit, F.C., R.C. etc., and the terms and conditions of the policy. Hence, prayed to dismiss the petition.

Considering the rival contentions of the parties, ultimately, the Tribunal has awarded a total compensation of Rs. 5,35,233/- with interest at 6% p.a. from the date of the petition till realization.

Heard the learned counsel appearing for the appellant and also the learned counsel appearing for respondent No. 2 -insurance company.

Perusing the materials placed on record both oral and documentary, the compensation awarded by the Tribunal under the head pain and suffering at Rs. 75,000/- is reasonable and does not call for any interference.

So also the amount awarded towards attendant charges at Rs. 1,900/- and medical expenses at Rs. 55,533/- considering the medical bills also does not all for any interference.

Regarding the disability and loss of future income is concerned, though it is the case of the petitioner that he was earning Rs. 6,000/- per month, the Tribunal has taken his income at Rs. 3,000/- per month holding that there is no material placed to show the income at Rs. 6,000/- per month. However, it was observed by the Tribunal that the petitioner has produced the Record of rights of his land as per Ex. P13. Looking to the disability, the doctor has issued the disability certificate as per Ex. P15, assessing the disability at 40% to the whole body, whereas the Tribunal has taken it as 30%.

Perusing the materials, the income assessed by the Tribunal at Rs. 3,000/- per month is on the lower side. Hence, it is taken at Rs. 4,000/- per month and regarding the disability is concerned, though the doctor has mentioned in the disability certificate - Ex. P15 so also in his oral evidence, there is no specific mention by the doctor either in the certificate or in the oral evidence as to what is the disability in the particular limbs. Because of these infirmities, the Tribunal has taken the disability at 30%, which is reasonable and proper. So the loss of earning capacity per month would comes to Rs. 1,200/- which is to be multiplied by 12 and it comes to Rs. 14,400/- per annum and the proper multiplier applicable in the case looking to the age of the injured is ''16''. Therefore, the total loss of future income would comes to Rs. 2,30,400/- (14,400/- x 16).

Towards the future medical expenses, I feel, it is necessary to award a sum of Rs. 2,00,000/- in place of Rs. 1,80,000/- as awarded by the Tribunal. So there will be enhancement of Rs. 20,000/-.

Under the head "loss of future amenities and future enjoyment of life and unhappiness, Rs. 50,000/- has been awarded by the Tribunal and the petitioner is entitled to another sum of Rs. 10,000/- under this head.

With regard to the expenses for transportation, nourishment and the loss of income during the laid up period, the petitioner is entitled to a sum of Rs. 25,000/-.

Hence, in all the appellant - petitioner is entitled to a sum of Rs. 6,47,833/- as against Rs. 5,35,233/- as awarded by the Tribunal. Hence, there will be enhancement of Rs. 1,12,600/-.

Accordingly, the appeal is allowed. The appellant -petitioner is entitled to the enhanced compensation of Rs. 1,12,600/- with interest at 9% p.a. from the date of the petition till realization. To that extent, the judgment and award passed by the Tribunal are hereby modified.

Respondent No. 2 - insurance company is liable to pay the enhanced compensation with interest at 9% before the Tribunal within 30 days from the date of receipt of copy of this judgment.