M. NAGESH vs MANDEEP SINGH SANDHU & ANR.

Appellant is the claimant being not satisfied with the quantum of compensation awarded by the XI Additional Judge, MACT., Bengaluru (herein after referred to as ''the Tribunal'') in MVC No.2107/2009 on 19.08.2011 has filed this appeal seeking for enhancement of compensation.

The appellant filed the claim petition contending that on 20.1.2009 at about 11.30 a.m. while he was crossing the road near Hoodi junction, White field road, a car bearing No.KA-03-MH-6586 came in a rash and negligent manner and dashed against the appellant-claimant. Due to which, he fell down and sustained grievous injuries. Immediately he was shifted to Vydehi hospital, Bengaluru, wherein he was treated as inpatient.

In the claim petition it was contended that prior to the accident, he was doing the transport business and earning Rs.10,000/- per month. In view of the injuries sustained in the accident, he is not in a position to do the work as he was working earlier. Hence, he sought for the compensation of Rs.6,00,000/-.

The insurance company defended the case by filing the written statement.

After the trial, the Tribunal held that due to the actionable negligence on the part of the driver of the car the accident occurred and the claimant is entitled for the compensation. With regard to quantum of compensation is concerned, no document has been produced to substantiate that he was earning Rs.10,000/-. In the absence of material document, the Tribunal has taken the notional income of Rs.3,500/- per month. As he was aged about 28 years at the time of accident applied the multiplier ''17''. Sofaras the disability is concerned, PW.2-Dr.B.Ramesh who has treated the claimant, has assessed the disability to an extent of ''8'' percent to the whole body. The Tribunal taking into consideration the disability of ''5'' percent awarded the compensation of Rs.35,700/- towards future loss of income (Rs.3,500/- x 12 x 17x5/100= Rs.35,700/-). Further, the Tribunal awarded a Rs.20,000/- towards pain and suffering, Rs.10,500/- towards loss of income during laid up period, Rs.3,600/- towards medical expenditure, Rs.5,000/- towards conveyance, nourishment and diets and Rs.10,000/- towards loss of amenities in life. In all, the Tribunal has awarded a compensation of Rs.84,800/- with 6% interest from the date of the petition till the date of realization. Being not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has preferred the appeal.

I have carefully considered the arguments addressed by the learned counsel for the parties and perused the judgment and award.

The dispute is only with regard to quantum of compensation is concerned. The records produced by the parties clearly disclose that the accident occurred in the year 2009. Though no document has been produced by the claimant to substantiate the income of Rs.10,000/- per month, the Tribunal ought to have taken the income reasonably. Hence, if the income of the claimant is taken at Rs.4,500/- per month with disability at 5% and applying the multiplier of ''17, the claimant is entitled for Rs.45,900/- as against Rs.35,700/- (Rs.45,900-Rs.35,700 = Rs.10,200/- is enhancement) awarded by the Tribunal under the head ''loss of future earning''. The claimant has to lead the remaining life with that disability to the particular limb. A sum of Rs.10,000/- awarded by the Tribunal towards amenities of life is on lower side. Hence, the claimant is entitled for another sum of Rs.10,000/- in addition to Rs.10,000/- awarded by the Tribunal towards ''loss of amenities in life''. Further, in view of the injuries sustained, the Tribunal has awarded a sum of Rs.20,000/- towards pain and suffering which is on lower side. In the accident, he has sustained fracture of lateral malleolus and this fracture is malunited. Hence, another sum of Rs.10,000/- is awarded towards the same. The Tribunal has awarded a sum of Rs.10,500/- towards loss of income during laid up period which is on lower side. Hence, the claimant is entitled another sum of Rs.4,500 towards the same. Hence, in all, the claimant is entitled for enhanced compensation of Rs.34,700/- which was rounded off to Rs.35,000/- with 6% interest from the date of petition till the date of realization.