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Judgment
B. Sreenivase Gowda, J.—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 disposed of finally.
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 20-4-2003 due to rash and negligent driving of offending lorry bearing registration No. KA-20-3077 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 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 judgment and 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 Ex. P.4- accident register extract and Ex. P. 26 - discharge summary, claimant has sustained the following injuries;
1) A laceration exposing the muscle over right upper arm latero-posteriorly measuring 21/2" x 1" x 1/2"
2) An incised wound over (Lt) scapular region measuring 4" x 1/2" x 1/2"
3) Contusion (Lt) thigh of irregular bodily pain and tenderness
Injury Nos. 1 and 2 are described as simple in nature and injury No. 3 is described as grievous.
Injuries sustained and treatment taken by him are also evident from Ex. P.28 - out patient card, Ex. P.29 - x- ray and supported by oral evidence of the claimant and doctor examined as P.Ws. 1 and 2 respectively.
P.W.2 - Dr. S.U. Shivaprakash in his evidence has stated, claimant has suffered disability of 39% to limb and 20% to whole body.
Considering one grievous injury and two simple injuries sustained by the claimant, a sum of Rs. 20,000/- awarded towards pain and suffering as against Rs. 12,000/- awarded by the Tribunal under this head.
As Rs. 5,925/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant for the said sum, the same is just and proper and there is no scope for enhancement.
8.. He was treated as inpatient for 8 days in M.G. Hospital Chickmagalur, Bangalore Hospital, including Victoria Hospital and Sandhyashree Nursing and Maternity Home, Bangalore. Considering the same, a sum of Rs. 5,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges.
He claims to have been earning Rs. 6,000/- to Rs. 7,000/- per month by doing business in selling tender coconuts. But the same is not established by producing any documents. Police records disclose that he was carrying tender coconuts in a lorry and the lorry met with an accident. Considering his age as 30 years, year of accident as 2003 and his business in selling tender coconuts, his income is assessed at Rs. 4,500/- per month. Nature of injuries suggest, he must have been under rest and treatment for a period of three months. Considering the same, a sum of Rs. 13,500/- is awarded towards loss of income during laid up period.
Considering nature of injuries, 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.
He is aged about 33 years. Multiplier applicable to his age group is ''16''. His income is assessed at Rs. 4,500/- per month. As per disability stated by the doctor at 39% to limb and 20%, to whole body, considering nature of injuries the Tribunal has taken the disability to whole body at 10% and it is just and proper, So, loss of future income works out to Rs. 86,400/-(Rs. 4,500/- x 12 x 10/100 x 16) and it is rightly awarded by the Tribunal.
Thus the claimant is entitled for the following compensation:
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 additional compensation of Rs. 24,700/- with interest at 6% p.a. 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, from which 75% with proportionate interest is ordered to be deposited in FD in the name of the claimant in any nationalised or scheduled Bank for a period of 3 years, with a right of option to withdraw interest periodically and the remaining amount is ordered to be released; in his favour. The Tribunal while releasing 25% of the compensation is also directed to issue F.D. slip to the claimant to enable him to withdraw the amount on its maturity without approaching the Tribunal once again. The Bank in which the deposit is made is also directed to release the F.D. amount on its maturity without insisting for an order from the Tribunal.
No order as to costs.