AI Structured Summary
Not yet generated for this judgment
Judgment
A.S. Pachhapure
The appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained in a motor vehicle accident has filed this appeal seeking enhancement. The facts reveal that on 01-10-2007 at about 4.30 p.m., the appellant as a pillion rider was proceeding on the motor cycle bearing No. KA- 14-U-2489 and one Annamalai was the rider. While they were near Belagali Tanda Cross, a Mini Truck bearing No. KA-14-A-2523 came from the opposite direction driven in a rash and negligent manner and hit the motor cycle and as a result the appellant sustained fracture of the right femur and other injuries. He was an inpatient in the hospital for 23 days. The Doctor CW.1 assessed the disability at 10% to 12% of the whole body. The appellant has claimed the compensation for pain suffering, mental agony, medical expenses etc..
The respondents contested the claim petition before the Tribunal. During the enquiry, the appellant was examined as PW. 1 and the Doctor CW. 1 and the documents Exs.P. 1 to P. 16 were marked. The Insurance Policy was admitted in evidence as Ex.R.1 with consent and the ease sheets were marked as Ex.C.1. The Tribunal held actionable negligence on the part of the driver of the Mini Truck and considering the nature of the injuries suffered and the disability, granted compensation of Rs. 1,68,400/- with interest at 6% p.a. from the date of petition till payment. Dissatisfied with the amount of compensation, the present appeal has been filed.
I have heard the learned counsel for the parties. The point that arise for my consideration is:
Whether the appellant is entitled to the enhanced compensation? If so, to what extent?
It is not in dispute that the appellant has suffered fracture of right Femur and also a cut lacerated wound 4 cm. x 2 cm. The appellant was an inpatient in the hospital for 23 days and was taking follow up treatment. He has also suffered the disability to an extent of 10 to 12 % of the whole body and 24% of the particular limb. The Tribunal has granted the compensation at Rs. 30,000/- for pain, suffering and mental agony. It appeals to be reasonable and proper.
So also, it has granted Rs. 63,000/- towards medical expenses on the basis of the bills and other documents produced and this compensation is just.
As the appellant has to undergo surgery in due course of time, it has awarded Rs. 20,000/- for future medical expenses, which is reasonable.
The appellant is a resident of a village in Bhadravathi Taluka and was taking treatment in Manipal Hospital at Udupi. In the initial stage, he had to travel in a Car and at the later stage, in a Bus. The Tribunal has granted only Rs. 2,000/- towards the travelling expenses and I think an additional sum of Rs. 3,000/- has to be paid on this head.
The Tribunal has considered the income of the appellant at Rs. 3,000/- p.m. The accident has occurred in the year 2007. In the past few years, there is increase in the prices and also in the wages. If this aspect is considered, I think it just and proper to consider the income of the appellant at Rs. 3,750/- and the disability of whole body at 10%. The appellant is entitled to the future loss of income at Rs. 3750 x 12 x 15 x 10/100 = 67,500/- Therefore, an additional sum of Rs. 17,100/- has to be paid towards the loss of future income.
No compensation has been paid for the loss of income during laid up period. I think it will be just and proper to grant a sum of Rs. 15,000/- at the rate of Rs. 3,750/- for a period of four months.
The Tribunal has not considered compensation for loss of amenities. Taking into consideration the nature of injury suffered, the disability and the inconvenience that the appellant has to face all along his life. I think it just and proper to grant an amount of Rs. 10,000/- on this head.
The Tribunal has granted compensation for diet, other expenses at Rs. 3,000-00. There has to be an attendant to look after the appellant during the period of treatment. Hence. I think that the appellant is entitled to an additional sum of Rs. 2,000-00 under this head. Hence, the appellant is entitled to an additional compensation as under:
Loss of future income
Rs. 17,100-00
Loss of income during laid up period
Rs. 15,000-00
Loss of amenities
Rs. 10,000-00
Conveyance, nourishment etc.
Rs. 3,000-00
Diet, attendant charges, etc.
Rs. 2,000-00
TOTAL
Rs. 47,100-00
In the circumstances. I answer the point in affirmative and proceed to pass the following: ORDER
The appeal is allowed in part In addition to the compensation awarded by the Tribunal, the appellant is entitled to a further sum of Rs. 47,100-00 with interest at 6% p.a. from the date of petition till payment. The amount enhanced shall be paid to the appellant.