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Judgment
N.K. Patil, J.—This is claimant''s appeal for enhancement of compensation against the impugned judgment and award dated 28.10.2004 passed in MVC No. 1260/02 on the file of the II Addl. Civil Judge (Sr. Dn.) & Member, MACT-VI Mangalore, D.K. (hereinafter referred to as Tribunal'' for short).
By its judgment and award, the Tribunal has awarded a sum of Rs. 1,68,600/- with interest at 6% p.a., from the date of petition till its deposit as against the claim made by the appellant for a sum of Rs. 10,00,000/- on account of the injuries sustained by him in the road traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate.
In brief, the facts of the case are:
The appellant claims that he was aged about 42 years, Archaka by profession earning Rs. 4,000/- p.m. He was hale and healthy prior to the accident. That, on 2.12.2001 when the appellant was proceeding in a motor cycle bearing No. KA-21E-8433 as a pillion rider along with one Madhusudhan to attend marriage, at about 7 p.m. on N.H. 48 near Valachi Arthul village, the rider of the motor cycle drove the same in a high speed and rash and negligent manner, due to which he lost control over the vehicle and both the rider and the pillion rider-appellant fell down and the appellant has sustained injuries and lost vision of his left eye. Immediately, he has been shifted to hospital, where he took treatment as inpatient for 50 days. On account of the injuries sustained by the appellant in the said accident, he has filed a claim petition before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal, which in turn, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum 1,88.600/-as compensation under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement of compensation.
The principal submission canvassed by the learned Counsel for the appellant is that the Tribunal has committed gross error in not awarding compensation towards conveyance, nourishing food and attendant charges and loss of income during laid up period. On account of the road traffic accident, the appellant has lost vision of his left eye permanently. As per the schedule to the Workmen''s Compensation Act, loss of vision of one eye should be treated as 40% loss of earning capacity. Further, the Tribunal has neither looked into the nature and duration of treatment, pain and agony and discomforts undergone by the appellant nor considered nor awarded reasonable compensation. Therefore, the judgment and award of the Tribunal is liable to be modified by enhancing just and reasonable compensation.
We have heard the learned Counsel for the appellant.
After careful evaluation of the records available on record and after perusal of the impugned judgment and award of the Tribunal, what emerges is that the Tribunal after assessing the oral and documentary evidence and other relevant material on file, has rightly awarded Rs. 60,000/- towards medical expenses and Rs. 50,000/- towards loss of amenities and therefore, it does not call for interference. However, the Tribunal has not awarded just and reasonable compensation towards pain and sufferings, loss of income during laid up period and loss of future income. Further, the Tribunal has not awarded any compensation towards conveyance, nourishing food and attendant charges.
It is not in dispute that due to the injuries sustained by the appellant in the road traffic accident, he has undergone treatment for more than 50 days in the hospital and he has lost vision of his left eye. The appellant might have spent considerable amount towards conveyance, nourishing food and attendant charges. We presume that he might have taken rest for a period of four months. These aspects of the matter has neither been considered by the Tribunal nor awarded reasonable compensation. Therefore, we deem it fit to award a sum of Rs. 35,000/- towards pain and sufferings as against Rs. 25,000/-; Rs. 16,000/-(Rs. 4,000/- x 4 months) towards loss of income during laid up period as against Rs. 12,000/- and a sum of Rs. 15,000/- towards conveyance, nourishing food and attendant charges.
Further, the Tribunal has erred in awarding only Rs. 33.600/- towards loss of future income. It is not in dispute that that appellant was aged about 42 years and an Archak by profession. The Tribunal has assessed his income at Rs. 4,000/- p.m. and we accept the same. Further, it emerges from the records that on account of the road traffic accident, the appellant was in the hospital as inpatient for a period of 50 days and lost vision of his left eye permanently. As per the schedule to the Workmen''s compensation Act, loss of one eye vision should be treated as 40% loss of earning capacity and if one-third is taken, it comes to 13.33% disability to the whole body, rounded off to 14% as the appellant was aged 42 years, the appropriate multiplier applicable would be 14. Hence, we re-determine compensation towards loss of future income on account of disability at Rs. 94.080/- (Rs. 4,000/- x 12 x 14 x 14/100) as against Rs. 33,600/ awarded by the Tribunal.
Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified and the break-up is as follows:
Towards pain and sufferings : Rs. 35,000/- 2. Towards medical expenses, : Rs. 60,000/- 3. Towards conveyance, nourishing food and attendant charges : Rs. 15,000/- 4. Towards loss of income during Laid up period : Rs. 16,000/- 5. Towards loss of amenities : Rs. 50,000/- 6. Towards loss of future income : Rs. 94,080/- Total : Rs. 2,70,080/-
Accordingly, the appeal is allowed in part and the impugned judgment and award passed by the Tribunal dated 28.10.04 in MVC No. 1260/2002 stands modified, granting a compensation of Rs. 2,70,080/-instead of Rs. 1,68,600/- (enhanced compensation comes to Rs. 1,01,480/-)
The insurer is directed to deposit the enhanced compensation of Rs. 1,01,480/- with interest at 6% p.a. from the date of petition till the date of realisation, within four weeks from the date of receipt of the copy of this judgment and award.
Out of the enhanced compensation of Rs. 1,01,480/-50% with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled bank, in the name of the appellant for a period of five years renewable by another five years, with liberty to him to withdraw the interest accrued on it, periodically.
The remaining 50% of compensation with proportionate interest shall be released in favour of the appellant, immediately, on deposit by the insurer.
Office to draw the award, accordingly.