Ismail Abdulla vs A Srinivasa Reddy and The Oriental Insurance Co. Ltd.

S. Abdul Nazeer, J.—This appeal is directed against: the Judgment and Award passed in MVC No. 251/2004 dated 11.1.2005 on the file of the Prl. Civil Judge (Sr. Dn.) & Addl. MACT, Udupi. The appellant was the claimant before the Tribunal and the respondents were the owner and the insurer of the offending vehicle. There is no dispute as to the occurrence of the accident and the liability of the second respondent -Insurance Company to pay compensation.

Learned advocate for the appellant would contend that the claimant had suffered 40 % permanent disability on account of the accident. He was doing business and earning more than Rs. . 5.000/- per month. It is argued that the Tribunal has not granted any compensation towards loss of future income. Learned counsel further submits having regard to the injuries sustained by. the claimant, the award of compensation on all other heads is also on a lower side. The Tribunal has not awarded any compensation towards loss of income during the treatment period. It is further argued that the Doctor in his evidence has stated that an operation has to be conducted for removal of the implant. The Tribunal has not awarded any compensation towards future medical expenses. On the other hand, the learned counsel for the second respondent - Insurance Company has sought to justify the impugned judgment and award.

We have carefully considered the arguments made at the bar and perused the records of the Tribunal.

It is evident from the evidence of PW-2, the Doctor who had examined the claimant that the claimant had suffered 40 % permanent disability to the particular limb. The Tribunal has not awarded any compensation towards loss of future income. The accident had occurred on 1.12.2003. Having regard to the materials on record, it is just and proper to assess his income at Rs. 3,000/- per month. He was aged about. 35 years at the time of the accident. Therefore, the multiplier applicable to the case was 16. Having re-appreciated the evidence on record, it is just and proper to hold that the claimant had suffered 15 % permanent disability to the whole body. Taking his income at Rs. 3,000/- per month and with the application of multiplier 16, the claimant is entitled for a sum of Rs. 86,400/- towards loss of future income. The claimant was hospitalized for 79 days The award of compensation under the head of loss of amenities, pain and sufferings, attendant charges, conveyance and other incidental expenses is on a lower side. It is just and proper to award a sum of Rs. 20,000/- towards loss of amenities, Rs. 25,000/- towards pain and suffering and Rs. 20,000/- towards attendant charges, nourishment and conveyance and other incidental expenses. The award of compensation towards medical expenses in a sum of Rs. 1,98,508/- is just and reasonable. However, the claimant is entitled for an additional sum of Rs. 20,000 towards future medical expenses. He is also entitled for a sum of Rs. 12,000/-towards loss of income during the treatment period. Thus; the claimant is entitled for a total compensation as under:

Loss of amenities

Rs. 20,000/-

Pain and sufferings

Rs. 25,000/-

Future medical expenses

Rs. 20,000/-

Loss of income on account of Disability

Rs. 86,400/-

Medical expenses

Rs. 1,98508/-

Food, nourishment, attendant and Conveyance

Rs. 20,000/-

Loss of income during laid up

Rs. 12,000/-

Total:

Rs. 3,81,908/-

The Tribunal has awarded a sum of Rs. 2,27,008/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for an additional compensation of Rs. 1,54,900/-. The enhanced compensation shall carry interest at 6 % pa. from the date of the application till the date of deposit.

In the result, we pass the following:

ORDER

(1) The appeal is allowed in part.

(2) The second respondent''- Insurance Company is directed to deposit a sum of Rs. 1,54,900/- with interest at 6 % per annum from the date of the application till the date of the deposit in addition to what has been awarded by the Tribunal within eight weeks from the date of receipt of the copy of this order. The Tribunal is directed to disburse the amount to the claimant on its deposit.

(3) In view of the disposal of the appeal as above, Misc. Cvl. No. 3384/2010 does not survive for consideration. It is accordingly dismissed. No costs.