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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
Heard. The appeal is admitted and with the consent of the 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 road traffic accident occurred on 19-5-08 due to rash and negligent driving of KSRTC bus bearing registration No.
KA-01-F-8257 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement?
After hearing the learned Counsel for the parties and perusing the 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.13, claimant has sustained the following injuries:
i) Fresh lacerated wound over the angle of mouth (Rt) side measuring about 1/2 x 1/2.
ii) Fracture iliac bone (Rt).
iii) Compound injury (Rt) foot measuring 2 x 11/2 and fracture of 4th metatarsal (Rt) foot.
Injuries sustained and treatment taken by him are also evident from OPD card - Ex.P.12, recent examination report - Ex.P.14, in-patient record -Ex.P.15, x-rays - Exs.P.16 and supported by oral evidence of the claimant and doctor examined as P.Ws. 1 and 3 respectively.
P.W.3 - Dr. H.B.Shivakumar has stated in his evidence that claimant has sustained 45% disability to limb and 15% to whole body, which is wrongly mentioned as 45% to whole body and 15% to limb in the judgment of the Tribunal.
Considering nature of injuries, Rs.25,000/-awarded by the Tribunal towards pain and suffering is just and proper.
He has produced medical bills for Rs.42,011/- as per Exs.P.6 and P.7, In Ex.P. 15 - inpatient record, he is shown to have been treated as inpatient from 19-5-08 to 27-5-08 in Ashwini Hospital. Yelahanka, whereas P.W.3 - doctor has stated that he was admitted on 19-5-08 and discharged on the same day. Considering the same, Rs.50,000/- awarded by the Tribunal towards medical and incidental expenses is just and proper and there is no scope for enhancement under this head.
Claimant claims to have been earning Rs. 10,000/- per month by doing agriculture. But it is not supported by any document. Therefore, considering his age as 38 years and year of accident as ?008, income of the claimant is assessed at Rs.3,500/- as against Rs.3,000/- assessed by the Tribunal. Nature of injuries suggests that he must have been under rest and treatment for a period of three months. Therefore, a sum of Rs. 10,500/- is awarded towards loss of income during laid up period.
Considering nature of injuries and 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.5,000/-awarded by the Tribunal.
Multiplier applicable is ''15''. Income is assessed at Rs.3,500/- per month. The Tribunal while holding claimant has not undergone surgery and considering the evidence of the doctor has rightly considered functional disability at 8% to whole body. Therefore, loss of future income works out to Rs.50,400/-(Rs.3,500/- x 8/100 x 12 x 15) and it is awarded as against Rs.46,080/- awarded by the Tribunal.
Thus the claimant is entitled for the following compensation:
1)
Pain and suffering
Rs. 25,000/-
2)
Medical and incidental
expenses
Rs. 50,000/-
3)
Towards loss of income
during laid up period
Rs. 10.500/-
4)
Towards loss of amenities
Rs. 15,000/-
5)
Future loss of income
Rs. 50,400/-
Total
Rs. 1,50,900/-
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 a total compensation of Rs. 1,50,900/- as against Rs.1,38,080/- awarded by the Tribunal with interest at 6% p.a. on the additional compensation of Rs. 12,820/-from the date of claim petition till the date of realisation.
The Insurance Co. is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment, and the same is ordered to be released in favour of the claimant.
Sri. Sreekanta Rao who was directed to take notice for R.2 and who has argued the case on their behalf is granted two weeks time to file Vakalath.
No order as to costs.