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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Although the appeal is listed in the orders list, it is heard, admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 26.06.2004 due to rash and negligent driving of Tractor bearing registration No. KA-33-T-1863 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether compensation of Rs. 50,236/-with interest al 6% p.a. awarded by the Tribunal is just and proper or does it call for enhancement?
As per wound certificate Ex. P4, claimant has sustained the following injuries:
i) Superslitial abrasion on left hallus 1 x 2 cms:
ii) Fracture right thigh back.
Injuries sustained by him are also evident from X ray films Ex. 7. P10 and P11, case sheet Ex. P8. OPD slip x. P9 and supported by oral evidence of the claimant and the doctor examined as P.Ws 1 and 2 respectively.
PW2 Dr. A. Nanjundappa who treated the claimant in his evidence has stated the claimant has suffered permanent disability of 10% to right lower limb.
Considering the nature of injuries and treatment taken by the claimant, Rs. 20,000/- is awarded towards pain and suffering as against Rs. 15,000/- awarded by the Tribunal.
As Rs. 2,376/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant for the said sum there is no scope for enhancement under this head.
Considering the nature of injuries and duration of treatment the Tribunal has rightly awarded Rs. 5,000/- towards incidental expenses such as conveyance, aourishment and attendant charges and there is no scope for enhancement under this head.
Claimant claims to have been earning Rs. 5,000/-per month by doing agriculture. But it is not established by producing any document. In the absence of proof of income his income could be assessed at Rs. 3,500/- per month as against Rs. 3,000/ per month assessed by the Tribunal. Nature of injuries suggests that he must have been under treatment and rest at least for a period 4 months and therefore, a sum of Rs. 14,000/- is awarded towards loss of income during laid up period against Rs. 700/- awarded by the Tribunal.
Considering the 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/-is awarded towards loss of amenities as against Rs. 5,000/ awarded by the Tribunal.
The claimant is aged about 31 years and multiplier applicable to his age group is 16. The doctor lias stated that there is shortening of right leg by 2 cms and the claimant is limping while walking and he suffered 10% permanent disability. Therefore the Tribunal is not justified in taking 3.5% as disability caused to whole body instead of considering the permanent disability of 10% stated by the doctor as functional disability. If so, loss of future income works out to Rs. 67,200/- (Rs. 3,500/- x 10% x 12 x 16) and it is awarded as against Rs. 20,160/- awarded by the Tribunal.
Considering the evidence of the doctor a sum of Rs. 5,000/- is awarded towards future medical expenses as against Rs. 2,000/- awarded by the Tribunal.
Thus the claimant is entitled for the following compensation:
1)
Pain and suffering
Rs. 20,000/-
2)
Medical expenses
Rs. 2,376/-
Incidental expenses
Rs. 5,000/-
3)
Towards loss of income during laid up period
Rs. 14,000/-
4)
Towards loss of amenities
Rs. 20,000/-
5)
Towards loss of future Income
Rs. 67,200/-
6)
Future medical expenses
Rs. 5,000/-
Total
Rs. 1,33,576/-
Less compensation awarded By the Tribunal
Rs. 50,236/-
Additional compensation conies to
Rs. 83,340/-
Accordingly the appeal is allowed in part and the judgment and award of the Tribunal is modified to the extent staled herein above. The claimant is entitled for an additional compensation of Rs. 83,340/- with interest but excluding interest for 763 days at 6% p.a. from the date of claim petition till the date of realisation. The Insurance Company is directed to deposit the additional compensation amount together with interest but excluding interest for 763 days within two months from the date of receipt of a copy of this judgment from which Rs. 60,000/- with proportionate interest is ordered to be invested in F.D. in the name of the claimant in any nationalised/scheduled bank or post office for a period of NINE years renewable once in three years and with an option to withdraw interest periodically. Remaining amount is ordered to be released in favour of the claimant.
No order as to costs.