Jaleel vs Paul D. Souza and National 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.

Brief facts of the case are:

That on 28.05.2005 when the claimant was proceeding in a lorry bearing registration No. CNX 5230 as a cleaner from Kuloor side towards Thannirbavi after loading sand, near K.I.O.C.F. factory on N.H.17 the lorry met with an accident due to rash and negligent driving of the lorry by its driver, as a result the claimant was thrown out to the road and sustained injuries. Hence he filed a claim petition before MACT, Mangalore seeking compensation of Rs. .5,00,000/- and the Tribunal has awarded compensation of Rs. .51,000/- with interest at 6% p.a.

As there is no dispute regarding occurrence of the accident, negligence and liability of the Insurer of the offending vehicle the only point that remains for consideration is:

Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?

After hearing the learned Counsel appearing for the parties and perusing the judgment and award of the Tribunal I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore it is deserved to be enhanced.

As per wound certificate Ex. P 2 the claimant has sustained the following injuries:

i) Luxation of left upper 1st incisor

ii) Fracture of left femur at middle 1/3.

He was hospitalised for a period of 25 days. The doctor who treated the claimant is not examined regarding the nature of injuries and disability.

Considering the nature of injuries, particularly fracture of left femur Rs. .28,000/ awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another sum of Rs. . 12,000/- and I award Rs. .40,000/- under this head.

As Rs. .3,300/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant for Rs. 3,301/- there is no scope for enhancement under this head.

The claimant was inpatient in Wenlock hospital, Mangalore for about 25 days. Considering the same Rs. .7,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is on the lower side and I award Rs. . 12,000/- under this head.

The claimant was working as a cleaner in the offending lorry and therefore his income is assessed at Rs. .3,500/- p.m. as against Rs. 3,000/- assessed by the Tribunal. Nature of injuries suggests that he must have been under treatment and rest at least for a period of four months and I award Rs. .14,000/- towards loss of income during laid up period as against Rs. .9,000/-awarded by the Tribunal.

The claimant has not examined the doctor regarding disability. Therefore he is not entitled for compensation towards loss of future income. However he has to bear with certain amount of discomfort and unhappiness in his future life and therefore I award Rs. .30,000/- towards loss of amenities as against Rs. .3,700/- awarded by the Tribunal.

Thus the claimant is entitled for the following compensation:

1) Pain and suffering Rs. . 40,000/- 2) Medical expenses Rs. . 3,300/- 3) Incidental expenses Rs. . 12,000- 4) Loss of income during Laid up period Rs. . 14,000/- 5) Loss of amenities Rs. . 30,000/- Tota Rs. . 99,300/-

Accordingly the appeal is allowed in part. The judgment and award of the Tribunal is modified to the extend stated hereinabove. The claimant is entitled for a total compensation of Rs. 99,300/- as against Rs. .51,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. .48,300/-from the date of claim petition till the date of realisation.

The Insurance Company is directed to deposit the enhanced compensation with interest within two months from the date of receipt of a copy of this judgment, out of which 75% with proportionate interest is ordered to be invested in F.D. in the name of claimant in any nationalised or scheduled bank a period of nine years renewable once in three years and remaining amount is ordered to be released in favour of the claimant.

No order as to cost.