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Judgment
S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 1178/2009 dated 30.10.2010 on the file of the Presiding Officer, Fast Track Court-III and MACT, Mysore, whereby the Tribunal has awarded total compensation of Rs. 5,10,200/- with interest at 6% p.a. from the date of the petition till the date of deposit. I have heard the learned counsel for the parties.
Learned counsel for the appellant/claimant would contend that on account of the accident the claimant had sustained grievous injuries. His right leg was amputated below the knee. The doctor in his evidence has stated that he had sustained 80% permanent disability to the whole body. The claimant is a student studying in JSS Polytechnic, Nanjangud and also assisting a goldsmith. The Tribunal has taken the income at Rs. 3,000/- per month. It is argued that the Tribunal has not awarded any compensation towards loss of future medical expenses. The compensation awarded under other heads is inadequate.
On the other hand, learned advocate appearing for the respondent-insurance company has sought to justify the impugned judgment and award.
I have carefully considered the arguments made at the Bar and the materials placed on record.
There is no dispute as to the occurrence of the accident and liability of the insurance company to pay the compensation. Having regard to the contentions urged, the only question for consideration is whether the award of compensation by the Tribunal is adequate?
The accident had occurred on 15.8.2009. The claimant was aged 20 years at the time of the accident. He was pursuing his studies in JSS Polytechnic at the time of accident. It has also come in the evidence that he was assisting a goldsmith and had some income. Though he contends that he was earning Rs. 9,000/- per month, the said plea has not been established. It is just and proper to notionally fix his income at Rs. 4,000/- per month during the relevant point of time.
It is not in dispute that on account of the accident his right leg below the knee was amputated. He is not in a position to do work as before. The doctor has assessed his permanent disability to the limb at 80% and 27% permanent disability to the whole body. The Tribunal has taken the permanent disability to the whole body at 50%. By taking his income at Rs. 4,000/- per month and 50% permanent disability to the whole body and with application of multiplier 18, the compensation payable towards loss of future earning capacity comes to Rs. 4,32,000/-. The award of compensation in a sum of Rs. 1,00,000/- towards pain and agony is just and reasonable. It is just and proper to award a sum of Rs. 1,00,000/- towards loss of amenities and also a sum of Rs. 1,00,000/- towards loss of marriage prospects. The medical expenses awarded in a sum of Rs. 1,65,000/- is just and reasonable. It cannot be disputed that atleast once in 3 to 4 years, the artificial limb has to be replaced. Therefore, he is entitled for a sum of Rs. 1,00,000/- towards future medical expenses. The claimant is entitled for a sum of Rs. 16,000/- (four months earning) towards loss of earning during the laid up period. He is also entitled for a sum of Rs. 10,000/- towards food, conveyance, etc.
Thus, the compensation payable to the claimant is reassessed as under:
The Tribunal has totally awarded Rs. 5,10,200/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for a balance compensation of Rs. 5,12,800/-. In the result, the appeal succeeds and allowed in part. The respondent-insurance company is directed to deposit a sum of Rs. 5,12,800/- with interest at 6% p.a. from the date of the application till the date of deposit within a period of eight weeks from the date of receipt of copy of this order. Out of the enhanced compensation, a sum of Rs. 4,00,000/- shall be kept Fixed Deposit in the name of the appellant in a Nationalised Bank for a period of ten years. He is permitted to withdraw the interest annually. The. balance of compensation shall be released in favour of the claimant. No costs.