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Judgment
19 paragraphs · 730 wordsB. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation.
The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience, parties are referred to as they referred to in the claim petition before the Tribunal.
Brief facts of the case are:
That on 7-4-08 the claimant sustained injuries in a motor road accident due to the rash and negligent driving of Tata Indica car bearing registration No. KA-05-B-7623. As the claimant was minor, the claim petition was filed through his father and natural guardian before the MACT, Bangalore, seeking compensation of Rs. 5,00,000/-. The Tribunal awarded him a sum of Rs. 2,20,000/- with interest at 6% p.a. from the date of claim petition till the date of payment.
As there is no dispute regarding injuries sustained by the claimant in a motor road accident and the liability of the Insurance Co., the only point that arises for consideration in this appeal is:
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
The learned Counsel appearing for the claimant submits, considering the nature of injuries and duration of treatment, the compensation awarded by the Tribunal is on the lower side. Therefore, he prays for allowing the appeal and enhancing the compensation.
Per contra, the learned Counsel appearing for the Insurance Co. submits, the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement and he prays for dismissal of the appeal.
After hearing the learned Counsel appearing 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 on the lower side and therefore, it is deserved to be enhanced.
The claimant has sustained SH T3 (open III-A) Distal tibia (L) and comminuted fracture of lateral malleolus (L) as evident from the wound certificate -Ex. P.3 and the discharge summary - Ex. P.4 and supported by the oral evidence of the father of the claimant and the doctor examined as P.Ws. 1 and 2 respectively. He was treated as inpatient in Sparsh Hospital, Hosur road, for about 8 days.
Considering the nature of injuries, Rs. 40,000/- awarded by the Tribunal towards pain and sufferings is just and proper and it does not require enhancement.
The Tribunal considering the medical bills produced by the claimant for Rs. 57,000/- and the duration of treatment has awarded a sum of Rs. 70,000/-towards medical expenses and incidental charges such as conveyance, nourishment and attendant charges and the same is just and proper and it does not require enhancement.
The claimant is a young boy aged about 9 years, and question of awarding loss of income during laid up period or future loss of income does not arise. The Tribunal considering the disability stated by the doctor at 60% to the limb and 25% to the whole body, has awarded a sum of Rs. 50,000/- towards loss of amenities, disability and discomfort. The same is just and proper and does not call for enhancement.
The claimant has sustained SH T3 (open III-A) Distal tibia (L) and comminuted fracture of lateral malleolus (L) and the doctor has stated, he requires a sum of Rs. 30,000/ towards future medical expenses, whereas the Tribunal has awarded Rs. 10,000/-. The claimant is a young boy and the injuries may recover and he is required to spend the amount stated by the doctor. Therefore, it is just and proper to award Rs. 30,000/-towards future medical expenses as against Rs. 10,000/-awarded by the Tribunal.
Accordingly, the appeal is allowed in part. Judgment and award of the Tribunal is modified. The claimant is entitled for an additional compensation of Rs. 20,000/-, with interest at 6% p.a. from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the compensation amount with interest within two months from the date of receipt of a copy of this order.
The enhanced compensation with proportionate interest is ordered to be deposited in Fixed Deposit in any Nationalised or Scheduled bank in the name of the minor claimant, till he attains majority.
No order as to costs.