Maregowda vs United India Insu. Co. Ltd. and Ananda Reddy

K. Bhakthavatsala, J.—This is claimant''s appeal filed u/s 173(1) of Motor Vehicles Act, 1988, for enhancement of compensation in MVC No. 4309/ 00 on the file of the VII Addl. Judge, Member - MACT 3, Court of Small Causes, Bangalore City.

2 Learned Counsel for the Appellant submits that though the claimant was working as a loader/unloader and earning Rs. 3,000/- p.m., the Tribunal has fixed monthly earning of the claimant on the lower side at Rs. 2,000/- p.m. He further submits that the claimant has custained permanent disablement to the extent of 70% of the left lower limb, but the Tribunal has fixed permanent disablement at 10% to the whole body and the compensation awarded towards loss of amenities, medical expenses - past & future and loss of future earning, are on the lower side.

Learned Counsel for Respondent No. 1, Insurance Co., submits that there is no good ground made out for enhancement of compensation.

Perused the claim petition. According to the claimant/Appellant, on 2/9/2002 at about 10.15 p.m., when he was standing by the side of the Tempo to open the door, the Lorry bearing registration No. KA-05-B-5589 driven by its driver, came in a rash and negligent manner and dashed against the Appellant and as a result of which he sustained grievous injuries and he was admitted to Sanjay Gandhi Hospital. It is submitted that the claimant sustained fracture of both bones of left leg and he underwent surgery on two occasions. He was treated as inpatient for 72 days. It is further contended that the compensation awarded towards loss of amenities, future loss of earning, medical expenses and future medical expenses, are on the tower side.

According to the medical reports of the claimant at Ex.P7, the claimant was 25 years, old. He had sustained fracture of shaft and femur, he was treated as inpatient from 3/9/2002 to 12/11/2002. Ex.P7 further discloses that a sum of Rs. 2,000/-, Rs. 3,000/- and Rs. 2,000/- was deposited with the hospital as advance on 11/9/2002, 7/9/2002 and 16/9/2002. The claimant has undergone operation twice and fracture was set with rods and nails. The claimant has stated that he was earning Rs. 3,000/- as a loader/unloader, but the Tribunal has fixed his income at Rs. 2,000/- p.m. PW-2, Dr. Shivakumar, has deposed that he treated the claimant with open reduction and internal fixation of ''K'' nail and there is shortening of the left lower limb by 2 CUB. and sustained permanent disability of left lower limb at 70% and 35% on the whole body. PW-2 has further deposed that the claimant require surgery for removal of implants and that would coat between Rs. 5,000/- to 6,000/-.

Keeping in view that a wage structure of a loader/unloader during the year 2000, the Tribunal could have fixed the earnings of the claimant at Rs. 3,000/- p.m. As per the medical reports at Ex.P7, the claimant was 25 years old. As per the decision rendered in Sarala Verma''s case reported in (2009) 6 SCC 121, for the age group 15 to 25, the multiplier applicable is 18 and the Tribunal has also applied multiplier 18. The Tribunal has rightly fixed the permanent disablement at 10% of the whole body. The claimant has paid advance of Rs. 7,000/- to the hospital. The claimant is entitled for reasonable compensation towards medical expenses and future medical expenses. As per the evidence of PW-2, Dr. Shivakumar, the claimant has to undergo surgery for removal of implants. Hence, a reasonable compensation amount has to be awarded towards future medical expenses.

The Tribunal has awarded compensation as under:

Pain and suffering

Rs. 50,000

Loss of amenities

Rs. 10,000

Medical expenses

Rs. 5,000

Conveyance & nourishment

Rs. 5,000

Loss of earning for a period of 4 months

Rs. 8,000

Loss of future earning Rs. 2,000 x 12 x 18 x 10 / 100

Rs. 43,200

Future medical expenses

Rs. 5,000

TOTAL

Rs. 1,26,200

Thus the Tribunal has awarded compensation of Rs. 1,26,200/ - along with interest at the rate of 8% p.a.

Keeping in view the nature of injury, period of treatment, the claimant required atleast 6 months time for taking treatment and rest and thus the claimant is entitled for compensation towards loss of earning for a period of 6 months. The claimant has sustained permanent disablement In my view, toss of amenities awarded by the Tribunal is not adequate. The claimant is entitled for compensation as under:

Pain and suffering

Rs. 50,000

Loss of amenities

Rs. 25,000

Medical expenses

Rs. 10,000

Future medical expenses

Rs. 6,000

Conveyance & nourishment

Rs. 7,200

Loss of earning for a period of 6 months (3,000 x 6)

Rs. 18,000

Loss of future earning (600 x 12 x 18)

Rs. 1,29,600

TOTAL

Rs. 2,45,800

Less: Compensation awarded by the Tribunal

Rs. 1,26,200/-

Balance

Rs. 1,19,600/ -

The claimant is entitled for interest at the rate of 6% p.a. on the additional compensation amount.

In the result, the appeal is partly allowed holding that the Appellant is entitled for additional compensation of Rs. 1,19,600/- along with costs and interest at the rate of 6% on the additional compensation amount, from the date of petition till the date of realisation. Accordingly the impugned judgment and award are modified.

The Respondent No. 1, Insurance Co. is directed to deposit the additional compensation amount along with costs and interest with the Tribunal within 2 months from today Out of the additional compensation amount, a sum of Rs. 60,000/- shall be kept in fixed deposit in the name of the claimant for a period of 5 years, during which period he shall be entitled to draw the interest that accrues on the deposit.