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Judgment
Ramakrishna Pillai, J.—The appellant, a 29 year old cleaner of a lorry met with an accident on 29/03/04 while he was travelling by the lorry driven by the first respondent. Allegedly due to the negligence of the first respondent, the vehicle capsized and the appellant sustained very serious injuries. Against the claim of Rs. 8 lakhs, the learned Tribunal awarded a sum of Rs. 3,34,250/- as compensation together with interest at the rate of 9% per annum from the date of claim petition till realisation. As the third respondent Insurance Company admitted the policy of the offending vehicle they were saddled with the liability of paying the compensation. In this appeal, the appellant is challenging the adequacy of the compensation awarded to him.
2 We have heard the Learned Counsel for the appellant and the learned Standing Counsel for the third respondent Insurance Company. We have perused the impugned award.
Medical records reveal that the appellant was admitted to City Hospital Research and Diagnosis Centre, Mangalore with the following injuries:-
Comminuted facture to right frontal bone and right maxillary sinus. Fracture to right tibia and fibula, fractrure to medial malleolius, fracture to S2 spine.
The injuries aforesaid made the appellant hospitalised for 43 days. Towards compensation for pain and suffering a sum of Rs. 25,000/- is seen awarded by the Tribunal. Considering the nature of the injuries sustained by the appellant and the period of hospitalisation we award an additional sum of Rs. 5,000/- under that head.
Undoubtedly on account of the injuries sustained by the appellant he might have been bedridden for a good number of days and he has to be compensated for the loss of amenities in life during the period of treatment and convalescence. As no amount was awarded by the learned Tribunal for that, we award a sum of Rs. 15,000/- towards loss of amenities.
According to the Learned Counsel for the appellant, he was earning a monthly income of Rs. 5,000/-, he being a cleaner of the lorry. But the learned Tribunal fixed his monthly income at Rs. 2,000/-. This according to the Learned Counsel for the appellant is on the lower side. The Learned Counsel for the third respondent Insurance Company would submit that there is no convincing evidence to prove the income of the appellant. We notice that the accident was in the year 2004. So it is only reasonable to presume that the appellant might have been earning at least Rs. 2,500/- per month by engaging himself in any job. Undoubtedly the injuries and the resultant treatment might have compelled the appellant to take rest at least for a period of nine months. Hence, towards loss of earnings for nine months he is entitled to get Rs. 22,500/-. As no amount is seen awarded by the Tribunal towards loss of earnings we award the above amount to the appellant.
Ext. X1 disability certificate was admitted in evidence which states that the appellant is having a residual disability amounting to 35% on account of the feature of cystitis and residual disability of 24% on account of the nonunion of right tibia and disability of 20% on account of the occasional loss of bowel control. Ext.X1 would reveal that the total disability of the appellant is 60.48%. Reference was made to Mc Brides schedule. But the learned Tribunal who had occasion to see the appellant fixed the percentage of disability at 50%. We see no reason to disturb the finding of the learned Tribunal regarding the percentage of disability. However we notice that the Tribunal has not adopted the correct multiplier. The correct multiplier applicable to the age group of the appellant is 18. As we have revised the monthly income of the appellant as Rs. 2,500/-, the compensation for permanent disability has to be re-worked on that basis. Then it will come to Rs. 2,70,000/-. As the learned Tribunal has awarded only a sum of Rs. 2,04,000/- under that head the appellant becomes entitled to get an additional sum of Rs. 66,000/- towards permanent disability.
Thus, in total the appellant becomes entitled to get a sum of Rs. 1,08,500/- over and above what has been awarded by the Tribunal. We award interest at the rate of 7.5% only on the additional amount awarded. The appeal is allowed. The impugned award shall stand modified as above.