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Judgment
Appellant is the claimant. Being not satisfied with the quantum of compensation awarded in the judgment and award dated 25th March, 2010 passed in MVC No.119/2007 by the Motor Accident Claims Tribunal, Mysore (for short ''Tribunal''), he has filed this appeal seeking enhancement of compensation.
The appellant filed a claim petition contending that on 5.11.2006 at about 9.00 a.m., while he was driving the autorickshaw bearing Registration No.KA-13946 from Kushalanagar - Gummanakolli, near Kedambadi a lorry bearing Registration No.KA-01/251 came from opposite direction in a rash and negligent manner and dashed against the said autorickshaw. Due to that, the claimant has sustained grievous injuries all over the body. Immediately after the accident, he was shifted to Government Hospital, Kushalanagar and thereafter JSS Hospital, Mysore. In the road traffic accident, he has sustained fracture of femur of right leg and other injuries to the body. At the time of accident, he was aged about 40 years and earning a sum of Rs.250/- to 300/- per day. In view of fracture of right leg, he has become permanently disabled to do the work of a driver. Hence, sought for compensation of Rs.13,50,000/-
The Insurance Company defended the case by filing written statement.
After trial, the Tribunal held that due to actionable negligence on the part of driver of the lorry, the accident occurred and the claimant has sustained injuries. Hence, he is entitled for compensation. The Tribunal taking into consideration the injuries and suffering undergone, has taken the income of Rs.3,000/- per month, deducting 1/3rd towards personal expenses and the disability to an extent of 5% to whole body and applying the multiplier 13 as he was aged about 48 years at the time of accident awarded a sum of Rs.16,250/- towards loss of future income, Rs.33,360/- towards medical bills, Rs.3,000/- each towards conveyance and food and nourishment, Rs.5,000/- towards loss of amenities in life and Rs.10,000/- towards pain and suffering. In all, a sum of Rs.70,510/- with interest at 6% p.a. has been awarded by the Tribunal. The claimant being not satisfied with the quantum of compensation has preferred this appeal.
I have carefully considered the arguments addressed by Sri H M Manjesh, learned Advocate appearing for the appellant and Sri K N Srinivasa, learned Advocate appearing for respondent No.2, perused the judgment and award and oral and documentary evidence.
The dispute in this appeal is only with regard to quantum of compensation.
The occurrence of accident and the injuries sustained by the claimant due to actionable negligence on the part of driver of the lorry are not in dispute. In the accident, the claimant has sustained the following injuries:
1) Multiple abrasion and lacerated wound covering whole of right maxilla and mandible region;
2) Lacerated wound above right knee measuring 7 x 1/2 cms. tenderness and exposing the muscle;
3) lacerated wound on right leg;
4) Lacerated wound on right knee.
The X-ray shows that the claimant has sustained fracture of right leg. He took treatment as an inpatient from 6.11.2006 to 2.12.2006. During the course of treatment, he has undergone surgery. The internal fixation has been made by using rod. Since the claimant is an Autorickshaw driver, the income of Rs.3,000/- per month taken by the Tribunal is on the lower side. Even though he has not produced any documents to substantiate the income, the Tribunal ought to have taken reasonable income while awarding the compensation. Further, the driving license was produced by the claimant and marked as Ex.P9. As per Ex.P9, the claimant was aged about 42 years as on the date of accident. Hence, the multiplier 14 is to be adopted instead of 13. The deduction of 1/3rd of the amount towards personal income is contrary to law. The compensation awarded in all other respects is on the lower side. In view of fracture of right femur, there is shortening of lower limb by 1 cm. and the same will come in the way of his day to day activities. Hence, the compensation awarded by the Tribunal has to be reassessed. Taking the income of the claimant as Rs.4,000/- per month, applying the multiplier 14 as he was aged about 42 years and taking the disability to an extent of 5% to whole body, the claimant is entitled for compensation of Rs.33,600/- towards ''loss of future income''. Further, the medical bills produced by the claimant disclose that he had spent a sum of Rs.33,360/- towards ''medical expenses''. He is entitled for the same. Further, the claimant is entitled for a sum of Rs.30,000/- towards ''pain and suffering'', a sum of Rs.10,000/- towards ''loss of income during the laid up period'', a sum of Rs.10,000/- towards ''loss of amenities in life'' and a sum of Rs.10,000/- towards ''conveyance, food and nourishment. In all, the claimant is entitled for a sum of Rs.1,26,960/- as against Rs.70,510/- with interest at 6% p.a. awarded by the Tribunal. Hence, the claimant is entitled for enhanced compensation of Rs.56,450/- with interest at 6% p.a. Accordingly, I pass the following:
ORDER
Appeal is allowed in part. The judgment and award dated 25th March, 2010 passed in MVC No.119/2007 by the Motor Accident Claims Tribunal, Mysore, is modified. The claimant is entitled for compensation of Rs.1,26,960/- as against Rs.70,510/- with interest at 6% p.a. awarded by the Tribunal awarded by the Tribunal.