Hanumanthappa vs Basavaraja @ Eshwarappa, B. Eshwarappa and The Oriental Insurance Co. Ltd.

B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard. The

appeal is admitted and 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 20.03.1997 due to rash and negligent

driving of tractor-trailer bearing registration No. KA-14 T 2254 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 fracture of left femur and fracture of pubic ramus, sutured wound on the right eye, pain

on wrist of both arms. Injuries sustained and treatment taken by him are also evident from Ex. P4 discharge summary. Ex. P9 X-ray film, Ex. P10

permanent disability certificate, Ex. P11 out patient record and supported by oral evidence of the claimant and doctors examined as PWs 1, 2 and

3 respectively. PW 2 Dr. Umesh Kamath an Orthopaedic surgeon has stated the claimant has suffered 5% disability to his left leg. RW 3 Dr. B.

Dhanyakumar Urologist has stated the clamant had rupture of urethra with contusion of left kidney and urethral injuries need to be followed life

long.

Considering two fractures and other injuries sustained by the claimant Rs. 55,000/- is awarded towards pain and suffering as against Rs.

45,000/- awarded by the Tribunal under this head.

As Rs. 30,000/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant for the said sum and there

is no scope for enhancement under this head.

He was treated as inpatient for 31 days in Nanjappa Hospital, Shimoga. Considering the same, a sum of Rs. 10,000/- awarded by the Tribunal

towards incidental expenses such as conveyance, nourishment and attendant charges as against Rs. 5,000/- awarded by the Tribunal under this

head.

Claimant claims to have been earning Rs. 150/- per day by doing coolie, but it is not established by producing any document. In the absence of

proof of income, considering his age as 29 years, year of accident as 1997, his avocation as coolie his income could be assessed at Rs. 3,000/-

p.m. Nature of injuries suggest that he must have been under treatment and rest at least for three months. Therefore a sum Rs. 15,000/- is awarded

towards loss of income during laid up period.

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, a sum of Rs. 20,000/- is awarded towards loss of amenities as against Rs. 15,000/- awarded by the Tribunal.

The claimant has suffered 5% disability. He is aged about 29 years. The multiplier applicable to his age is 18. Accordingly, loss of future

income works out to Rs. 32,400/- (Rs. 3,000/- x 5% x 12 x 18) and it is awarded.

Considering the evidence of the doctor regarding urethral problem 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. 77,400/- 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 376 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 376 days in filing the appeal 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 after it''s maturity without insisting any order from the Tribunal.

No order as to costs.