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Judgment
The claimant aggrieved by the quantum of
compensation awarded by the Tribunal has preferred
this appeal seeking enhancement of compensation.
With the consent of the learned counsel
appearing for the parties, appeal is heard and
disposed of finally. Perused the judgment and award
passed by the Tribunal, including the records.
For the sake of convenience, the parties are
referred to as they are referred to in the claim petition
before the Tribunal.
As there is no dispute regarding certain
injuries sustained by the claimant in a road traffic
accident occurred on 12-05-2011 due to rash and
negligent driving of the offending bus bearing
registration No.KA-43-1045 by its driver and liability
of the insurer of the offending vehicle, the only point
that arises for my consideration in the appeal is:
"Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"
As per Ex.P.3 - wound certificate, claimant had
sustained the following injuries:-
Fracture of mid shaft of left humerus
Fracture on medial epicondyle left humerus
Injuries sustained and treatment underwent by
the claimant are also evident from Exs.P.8 and 9 -
discharge summaries, Exs.P.10 and 11 - case sheet,
Ex.P.12 - OPD card, Exs. P.13 and 14 - x-rays and
corroborated by the oral evidence of the claimant and
doctor who were examined as PWs-1 and 2
respectively.
PW-2, doctor in his evidence has stated that the
claimant has suffered disability of 38.46% to upper
limb and 13% to the whole body.
Considering the nature of injuries, a sum
of Rs.35,000/- is awarded towards ''pain and
suffering'' as against Rs.25,000/- awarded by the
Tribunal under this head.
As Rs.55,184/- awarded by the Tribunal
towards ''medical expenses'' is based on the medical
bills produced by the claimant, there is no scope for
enhancement under this head.
The claimant was treated as inpatient for
13 days at Mathru Shree Nursing home,
Channapatna and attended the hospital as out
patient on several occasions. Considering the
duration of treatment, a sum of Rs.10,000/- is
awarded towards ''incidental expenses'' such as
conveyance, nourishment and attendant charges.
Claimant claims to have been earning a
sum of Rs.8,000/- per month by running a chicken
and meat stall. But it is not substantiated by
adducing evidence. In the absence of proof of income,
considering his age as 28 years, year of accident as
2011 and avocation or daily wages his income could
be assessed at Rs.6,500/- per month. Nature of
injuries suggest that he must have been under rest
and treatment for a period of three months and
therefore a sum of Rs.19,500/- is awarded towards
''loss of income during laid up period''.
Considering the disability stated by the
doctor and an amount of discomfort and unhappiness
the claimant has to undergo in his future life, a sum
of Rs.20,000/- is awarded towards ''loss of
amenities''.
His income is now assessed at Rs.6,500/-
per month. As per the disability stated by the doctor
at 38.46% to the upper limb, disability caused to the
whole body will be 1/4th of the disability caused to the
limb, which comes to 9.6% and it can be taken as
10%. Multiplier applicable to his age group is 17.
Therefore, the ''loss of future income'' works out to
Rs.1,32,600/- (Rs.6,500 x 12 x 17 x 10/100) and it is
awarded.
Thus, the claimant is entitled for the
following compensation:-
HEADS
1 Pain and sufferings 35,000-00
2 Medical Expenses 55,184-00
3 Incidental expenses 10,000-00
4 Loss of income during laid up period 19,500-00
5 Loss of amenities 20,000-00
6 Loss of future income 1,32,600-00
TOTAL 2,72,284-00
LESS: Compensation awarded by the Tribunal 1,33,404-00
BALANCE 1,38,880-00
Accordingly, the appeal is allowed in part.
Judgment and award dated 04-01-2014 passed by the
Additional Senior Civil Judge, Ramanagara, in MVC
No.390/2011, stands modified. The claimant is
entitled for an additional compensation of
Rs.1,38,880/- with interest 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 within two months from the date of
receipt of a copy of this judgment, from which 75% of
the amount with proportionate interest is ordered to
be invested in fixed deposit in the name of the
claimant in any Nationalised Bank/Scheduled
Bank/Post Office for a period of 3 years renewable
once in 2 years and with a right of option to withdraw
interest periodically. Remaining amount with
proportionate interest is ordered to be released in
favour of the claimant immediately after the deposit.
The Tribunal while releasing 25% of the
amount is also directed to issue the fixed deposit slips,
so as to enable the claimant to withdraw the deposit
amount on its maturity without approaching the
Tribunal once again and the Bank is directed to release
the fixed deposit amount without insisting for any
further order from the Tribunal.
No order as to costs.