Balachandra vs Manjunath

B. Sreenivas Gowda, J.—By consent of the learned counsel appearing for the parties, appeal is heard and disposed of finally at the stage of admission.

The appellant having sustained certain injuries in a road traffic accident, filed a claim petition before MACT, Gulbarga seeking compensation under Section 166 of the Motor Vehicles Act from the owner and the insurer of the offending vehicle. The Tribunal, by impugned judgment, has awarded a sum of Rs. 1,22,600/- with interest at 6% per annum from the date of claim petition till the date of realisation. Aggrieved by the sum awarded by the Tribunal, the claimant has preferred this appeal seeking enhancement of compensation.

As there is no dispute regarding certain injuries sustained by the claimant in the road traffic accident that occurred on 19.03.2011 due to rash and negligent riding of the offending motor cycle bearing Reg. No. KA-25/S-3861 by its rider and liability of the insurer of the said vehicle, the only point remains for consideration in this appeal is:

Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?

After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, we are of the view that the quantum of compensation awarded by the Tribunal is not just and reasonable and is on the lower side and therefore, the compensation awarded by the Tribunal is deserved to be enhanced.

As per wound certificate Ex. P-5, the appellant-claimant has sustained following injuries:

Left subcapital neck femur fracture and other minor injuries.

Injuries sustained and treatment undergone by him are also evident from Ex. P-8 disability certificate, Ex. P-9 X-ray Report, Ex. P-10 Discharge card and Ex. P-18 X-ray film and supported by the oral evidence of the claimant and the doctor who were examined as PW-1 and PW-2 respectively. PW-2-Doctor has stated that the appellant has suffered disability of 27% to the whole body.

Considering the nature of injuries sustained Rs. 10,000/- awarded by the Tribunal towards pain and suffering is on the lower side and therefore we enhance it by another Rs. 20,000/- and award Rs. 30,000/- under this head.

As Rs. 25,000/- awarded by the Tribunal towards medical expenses is based on the medical bills and prescriptions produced by the claimant, the same is just and proper and there is no scope for enhancement under this head.

He was treated as an inpatient for a period of 6 days at Fracture and Orthopaedic Hospital, P.G.I. of Swasthiyog Pratishthan, Miraj. Considering the duration of treatment, Rs. 4,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.

The appellant-claimant claims that he was earning Rs. 10,000/- per month by doing jewellery work. Except his oral testimony, no other document is produced to establish his earnings. Therefore, considering his age as 45 years, year of accident as 2011 and his avocation as jewellery work, his income is assessed at Rs. 4,500/- per month as against Rs. 3,500/- assessed by the Tribunal. Nature of injuries suggest he must have been under rest and treatment for a period of 4 months therefore a sum of Rs. 18,000/- is awarded towards loss of income during laid-up period as against Rs. 3,000/- awarded by the Tribunal.

Injuries sustained by the claimant will not come in the way of his earning as a jewellery maker by sitting at one place. However, the Tribunal has already awarded a sum of Rs. 75,600/- towards loss of income during laid up period by assessing his income at Rs. 3,000/- and considering his disability at 15% to whole body and applying the multiplier of ''14'', which would take care of lesser compensation awarded towards loss of amenities, wherein only Rs. 5,000/- is awarded.

Thus, the appellant is entitled to following compensation:

Thus the appellant is entitled to a total compensation of Rs. 1,57,600/- as against Rs. 1,22,600/-awarded by the Tribunal and is entitled to an additional compensation of Rs. 35,000/- with interest at 6% per annum from the date of claim petition till the date of realisation.

Accordingly, appeal is allowed in part and the Judgment and award passed by the Tribunal is modified to the extent stated herein above The appellant is entitled to an additional compensation of Rs. 35,000/- with interest at 6% per annum from the date of petition till the date of realization.

The insurance company is directed to deposit the additional compensation amount together with interest within 2 months from the date of receipt of a copy of this judgment. The same is ordered to be released in favour of the appellant.

Office to draw up the award accordingly.

No order as to costs.