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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Though the matter is listed in the orders list, with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding injuries sustained by the claimant in a motor traffic accident occurred on 13.12.2007 due to rash and negligent driving of lorry bearing registration No. AP-02-T-8662 by its driver and liability of the insurer of the said vehicle to pay compensation, the only point arises for consideration is:
Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement?
As per Ex. P.3 wound certificate claimant has sustained injury to left and right knee, laceration over the left side of forehead (sutured 5x2 cms) and injury to right thigh with fracture femur which is grievance in nature. Injuries sustained and treatment taken by him are also evident from Ex. P6 discharge summer, Ex. P9 X-ray report, Ex. P10 case sheet and supported by oral evidence of the claimant and doctor examined as PWs 1 and 2 respectively. PW 2 Dr. P.N. Prakash has stated the claimant has suffered 10% disability to whole body.
Considering one fracture and other injuries sustained by the claimant Rs. 35,000/- is awarded towards pain and suffering as against Rs. 25,000/- awarded by the Tribunal under this head.
As Rs. 63,000/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant for Rs. 62,111.75, there is no scope for enhancement under this head.
He was treated as inpatient for in Manipal Northside Hospital, Mangalore. Considering the same a sum of Rs. 6,000/- is awarded as incidental expenses such as conveyance, nourishment and attendant charges.
Claimant claims to have been earning Rs. 4,000/- p.m. by doing carpenter work. But, it is not established by producing any document. In the absence of proof of income considering his age as 21 years, year of accident as 2007 and his avocation as carpenter his income could easily be assessed at Rs. 4,000/- p.m. as against Rs. 3,000/- p.m. assessed by the Tribunal. Nature of injuries suggest that he must have been under treatment and rest at least for four months. Therefore a sum Rs. 16,000/- is awarded towards loss of income during laid up period as against Rs. 4,500/- awarded by the Tribunal.
Considering nature of injuries, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant, has to undergo for the rest of his life, Rs. 20,000/- awarded by the Tribunal towards loss of amenities is just and proper and there is no scope for enhancement under this head.
As per the evidence of the doctor the claimant has suffered 10% disability to whole body. His income is assessed at Rs. 4,000/-. The multiplier applicable to the age of the claimant is 18. Accordingly, loss of future income works out to Rs. 86,400/- (Rs. 4,000/- x 10% x 12 x 18) and it is awarded as against Rs. 32,400/- awarded by the Tribunal.
Considering the evidence of the doctor a sum of Rs. 10,000/- is awarded towards future medical expenses.
Thus the claimant is entitled for the following compensation:
Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for additional compensation of Rs. 91,500/- with interest at 6% p.a. from the date of claim petition till the date of realization but excluding interest for the delayed period of 137 days in filing the appeal. The Insurance Company is directed to deposit the additional compensation amount with interest, within two months from the date of receipt of a copy of this judgment, excluding interest for the delayed period of 137 days from which 75% with proportionate interest is ordered to be deposited in FD in the name of the claimant in any nationalized/scheduled Bank or post office for a period of three years, with a right of option to withdraw interest periodically and the remaining amount is ordered to be released in his favour. The Tribunal while releasing 25% of the compensation is also directed to issue F.D. slip to the claimant to enable him to withdraw the amount on its maturity without approaching the Tribunal once again. The concerned bank also is directed to release the F.D. amount on its maturity without insisting for an order from the Tribunal.
No order as to costs.