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Judgment
A.N. Venugopala Gowda
With consent of learned counsel on both sides, appeal is taken up for final hearing. MACT has awarded compensation of Rs. 88,000/- with interest in favour of the claimant-appellant for the loss suffered, on account of the injuries sustained in the road traffic accident on 20.04.2003, due to rash and negligent driving of the offending vehicle by its driver. The offending vehicle belonged to the first respondent and was insured by the second respondent. Injury sustained was, comminuted subtrochanteric fracture of right femur. At the time of accident, the appellant was aged about 31 years and was employed in Reliance Company. He has taken treatment by being an inpatient for about 19 days at B.M. Hospital, Mysore. He was earning Rs. 28,000/- p.m. at the time of accident. PW.2 has deposed that there is permanent disability suffered in relation to whole body at 15%. The Tribunal has passed the award under the following heads:
1.
Pain & Suffering
Rs. 20,000/-
2.
Medical end incidental expenses
Rs. 55,000/-
3.
Towards future medical expenses and removal of implant
Rs. 8,000/-
4.
Towards Loss of amenities of life
Rs. 5,000/-
Total
Rs. 88,000/-
Keeping in view the nature of injuries sustained, treatment obtained, evidence of PW.2 with regard to the treatment and the permanent disability suffered, though there is no loss of future earnings, since the injuries suffered has not resulted in functional disability, however, there being physical permanent disability suffered, the Tribunal has not awarded just and reasonable compensation.
The medical bills produced accounts for Rs. 51,925/-. The appellant was hospitalized for 19 days and was out of work atleast for a period of two months, In the circumstances, there is under assessment of loss by the MACT.
The just and reasonable compensation which the respondents have to pay to the appellant, in view of the findings recorded by the MACT is as follows:
1
Pain & Suffering
Rs. 25,000/-
2.
Medical expenses as per bills
Rs. 52,000/-
3.
Incidental expenses conveyance, nourished diet, attendant charges
Rs. 15,000/-
4.
Future medical expenses for removal of implant
Rs. 8,000/-
Ex. P5 is wound certificate. The treatment records are at Ex. P8 to Ex. P13, Ex. P7 is discharge summary. Dr. B. Ramesh has deposed as PW.2. There is fracture of middle 1/3rd of right femur. Despite treatment, there is permanent disability suffered in relation of whole body at 10%, Appellant being aged about 22 years and a carpenter would suffer adverse consequences on account of permanent disability suffered. Permanent physical disability has resulted in to functional disability as well.
Carpenter can be expected to earn Rs. 4,500 per month during 2010. Tribunal by taking income at Rs. 3,750/- per month, has committed an error and there is no proper assessment of loss. In the circumstances, there is no just and reasonable award passed in favour of claimant/appellant by the MACT. The respondents are liable to pay the compensation is as follows:
HEADS
Amounting in Rs.
1.
Pain & Suffering
Rs. 30,000/-
2.
Medical expenses as per bills
Rs. 4,830/-
3.
Future medical expenses for removal of implant as per evidence of PW.2
Rs. 10,000/-
4.
Incidental expenses conveyance, nourished diet, attendant charges
Rs. 15,000/-
5.
Loss of income during treatment and rest period ( Rs. 4500 x 3)
Rs. 13,500/-
Loss of future earnings
Rs. 97,200/-
Loss of amenities
Rs. 20,000/-
Total
Rs. 1,90,830/-
In the result, appeal is allowed in part and impugned judgment and award is modified. Compensation payable by the respondents is determined at Rs. 1,90,530/- with interest at 6% p.a. from the date of filing of claim petition till date of deposit to the Court
Two months time is allowed for the respondents to deposit the balance amount in the MACT. No order as to costs.