AI Structured Summary
Not yet generated for this judgment
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 22.03.2006 due to rash and negligent riding of motor cycle bearing registration No. KA-17/S-5707 by its rider 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. 6 wound certificate claimant has sustained swelling and deformity of right clavicle. Injuries sustained and treatment taken by him are also evident from Ex. P. 8 discharge card, Ex. P. 12 disability certificate, Ex. P. 13 to 17 X-ray films and supported by oral evidence of the claimant and doctor examined as PWs 1 and 2 respectively. PW 2 Dr. Prabhu Basvanagowda has stated on clinical examination he found the following physical infirmities:
Operated scar marks over clavicular region;
Presence of mile swelling;
Bone irregularities and thick present;
Tenderness present;
Wasting of deltoid muscle.
He has stated the claimant has suffered physical disability of about 25% to 30% and 5% to 10% to whole body.
Considering three fractures and other injuries sustained by the claimant Rs. 25,000/- is awarded towards pain and suffering as against Rs. 15,000/- awarded by the Tribunal under this head.
Claimant has not produced any medical bills. He was treated as inpatient for 6 days in C.G. Hospital. Considering the same, a sum of Rs. 3,000/- is awarded towards medical expenses and Rs. 3,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges.
Claimant claims to have been earning Rs. 10,000/- p.m. by doing agriculture coolie. But, it is not established by producing any document. In the absence of proof of income, considering his age as 40 years, year of accident as 2006, his avocation as coolie his income is assessed at Rs. 3,500/- p.m. Nature of injuries suggest that he must have been under treatment and rest at least for four months. Therefore a sum Rs. 14,000/- is awarded towards loss of income during laid up period as against Rs. 1,500/- 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, a sum of Rs. 15,000/- is awarded towards loss of amenities as against Rs. 10,000/- awarded by the Tribunal.
Considering the evidence of the doctor the Tribunal has rightly assessed the functional disability at 8%. The multiplier applicable to the age group of the claimant is 15. Accordingly, loss of future income works out to Rs. 50,400/- (Rs. 3,500/- x 8% x 12 x 15) and it is awarded as against Rs. 26,880/- awarded by the Tribunal.
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. 57,000/- with interest at 6% p.a. from the date of claim petition till the date of realization. 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, from which Rs. 50,000/- 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 favour of the claimant. 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 any order from the Tribunal or presence of the Advocate.
No order as to costs.