Master Suryasimha Bhat G.M. and Others vs G. Md. Azamathulla and Others

B. Sreenivas Gowda, J.—These appeals are by the claimants seeking enhancement of compensation awarded by the Tribunal.

As all these appeals are arising out of a common road traffic accident and a common judgment of the Tribunal, they are heard together and disposed of by this common judgment, with the consent of the learned Counsel appearing for the parties.

As there is no dispute regarding certain injuries sustained by the claimants in a road traffic accident occurred on 31-12-2008 due to rash and negligent driving of bus bearing registration No. AP-02-T-2286 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 the compensation awarded by the Tribunal is just and reasonable 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.

MFA No. 5239 OF 2012(MV) (MVC No. 831/2010)

The injured claimant in this appeal is a minor boy by name Master Suryasimha Bhat G.M. aged about 9 years.

As per Ex. P.8 - wound certificate, claimant had sustained injury to right eye - subconjunctival haemorrhage and injury to left hand. Injury No. 1 is described as grievous and injury No. 2 is described as simple in nature.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 40,000/- is awarded towards pain and suffering as against Rs. 30,000/- awarded by the Tribunal under this head.

Claimant has produced medical bills for Rs. 450/- as per Exs. P.9 and 10 and he was treated as inpatient for one day and continued treatment as outpatient. Considering the same, a sum of Rs. 3,000/- awarded by the Tribunal towards medical and continued treatment as outpatient. Considering the same, a sum of Rs. 3,000/- awarded by the Tribunal towards medical expenses is just and proper and therefore, it does not call for enhancement.

Claimant is a minor and he was looked after by his parents leaving their regular work and suffering financial loss. Therefore, a sum of Rs. 5,000/- is awarded towards loss of income of the parents during laid up period.

Considering the nature of injuries sustained, 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 as against Rs. 10,000/- awarded by the Tribunal.

Learned Counsel for the claimant submits P.W. 9-Medical Officer in his evidence has stated, claimant has suffered disability of 30% on account of injury sustained to right eye and he has also stated there would be loss of vision in future. Therefore he submits, the Tribunal has committed an error in working out the loss of future income by taking the functional disability at 10%. Whereas learned Counsel for the insurer submits, P.W. 9 is not an opthalomologist and therefore the Tribunal was justified in working out loss of future income by taking the functional disability at 10%.

Admittedly, claimant was not subjected for examination by any opthalomologist. It is needless to say, only an opthalomologist would say whether there will be loss of vision in future or not on account of injury sustained by the claimant to his right eye. Therefore, Tribunal was justified in considering the functional disability at 10% as against 30% stated by the doctor to his upper limb while determining compensation towards loss of future income.

Notional income of the claimant who is a minor boy can be taken at Rs. 30,000/- p.a. Multiplier applicable to his age group is ''15''. Therefore, loss of future income works out to Rs. 45,000/- (Rs. 30,000/- x 10/100 x 15) and it is awarded as against Rs. 25,000/- awarded by the Tribunal.

A sum of Rs. 5,000/- awarded by the Tribunal towards future medical expenses is just and proper.

Thus the claimant is entitled for the following compensation:

The claimant is entitled for additional compensation of Rs. 19,000/- with interest at 6% p.a. on the additional compensation from the date of claim petition till the date of realisation.

MFA No. 5240 OF 2012(MV) (MVC No. 832/2010)

The injured claimant in this appeal is a minor boy by name Master Sheshadri G.V. aged about 10 years.

As per Ex. P.38 - wound certificate, claimant had sustained cut lacerated wound over right side of the occipital region. As per Ex. P.38 - C.T. scan report it is specifically mentioned that the injury is normal. P.W. 9 - Medical Officer has not stated anything about disability and its impact on loss of future earnings of the claimant or his future life.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 20,000/- is awarded towards pain and suffering.

Claimant has produced medical bills for Rs. 4,728/- and he was treated as inpatient for 4 days. Considering the same, Rs. 10,000/- awarded by the Tribunal towards medical and incidental expenses is just and proper and therefore, it does not call for enhancement.

Since claimant was a minor boy at the time of accident, he was looked after by his parents leaving their regular work and suffering financial loss. Therefore, a sum of Rs. 5,000/- is awarded towards loss of income of the parents during laid up period.

Thus the claimant is entitled for the following compensation:

The claimant is entitled for additional compensation of Rs. 10,000/- with interest at 6% p.a. on the additional compensation from the date of claim petition till the date of realisation.

MFA No. 5244 OF 2012(MV) (MVC No. 836/2010)

The injured claimant in this appeal is Kum. Archana G.V. aged about 20 years.

As per Ex. P.51 - wound certificate, claimant had sustained the following injuries:

"1) Lacerated injury to scalp extending to right eye

2) Injury to temporal artery on right side

3) Tenderness on the elbow joint."

Injury No. 1 is described as grievous, injury No. 2 is described as dangerous in nature and injury No. 3 is described as simple in nature.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 50,000/- is awarded towards pain and suffering as against Rs. 40,000/- awarded by the Tribunal under this head.

Claimant has produced medical bills for Rs. 7,044/- as per Ex. P.55 and was treated as inpatient for 8 days in Government Hospital, Yelhanka. Considering the same, a sum of Rs. 20,000/- is awarded towards medical and incidental expenses such as conveyance, nourishment and attendant charges.

Rs. 9,000/- awarded by the Tribunal towards loss of income during laid up period assessing the income of the claimant at Rs. 4,500/- per month and considering the period of rest and treatment as 2 months, is just and proper and it does not require enhancement.

Considering nature of injuries sustained, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant has to undergo for the rest of her life, a sum of Rs. 30,000/- is awarded towards loss of amenities as against Rs. 20,000/- awarded by the Tribunal.

P.W. 9- Medical Officer in his evidence has stated, claimant has suffered disability of 23% to the whole body. If that is so, functional disability can be taken at 8% as against 6% taken by the Tribunal. Income of the claimant assessed by the Tribunal at Rs. 4,500/- is also just and proper. Multiplier of ''18'' applied by the Tribunal to her age group is just and proper. If that is so, loss of future income works out to Rs. 77,760/- (Rs. 4,500/- x 12 x 18 x 8/100) and it is awarded as against Rs. 58,320/- awarded by the Tribunal.

Rs. 10,000/- awarded by the Tribunal towards future medical expenses is just and proper.

Thus the claimant is entitled for the following compensation:

The claimant is entitled for additional compensation of Rs. 47,760/- with interest at 6% p.a. on the additional compensation from the date of claim petition till the date of realisation.

MFA No. 5245 OF 2012(MV) (MVC No. 837/2010)

The injured claimant in this appeal is Kum. S. Ghousia Khanum, aged about 20 years.

As per Ex. P.31 - wound certificate, claimant had sustained the following injuries:

"1) Displaced fracture of right clavicle

2) Fracture of left border of scapula."

Injury No. 1 and 2 are described as grievous in nature. Injuries sustained and treatment taken by the claimant are corroborated by oral evidence of the claimant and doctor examined as P.Ws. 4 and 9 respectively.

P.W. 9 - doctor has stated, she has suffered disability of 23% to whole body.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 60,000/- is awarded towards pain and suffering as against Rs. 50,000/- awarded by the Tribunal under this head.

Claimant has produced medical bills for Rs. 2,274/- as per Ex. P.32 and was treated as inpatient for a few days and continued treatment as outpatient. Considering the same, Rs. 11,000/- awarded by the Tribunal towards medical and incidental expenses such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.

In the absence of proof of income, income of the claimant assessed by the Tribunal at Rs. 4,500/- is just and proper. Nature of injuries suggest, she must have been under rest and treatment for a period of 4 months. Therefore, a sum of Rs. 18,000/- is awarded towards loss of income during laid up period.

Considering nature of injuries sustained, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant has to undergo for the rest of her life, a sum of Rs. 25,000/- is awarded towards loss of amenities as against Rs. 10,000/- awarded by the Tribunal.

Her income is assessed at Rs. 4,500/- per month. 8% functional disability taken by the Tribunal as against 23% disability stated by the doctor to whole body is sound and proper. Multiplier of ''18'' applied by the Tribunal to her age group is just and proper. Therefore, loss of future income works out to Rs. 77,760/- (Rs. 4,500/- x 12 x 18 x 8/100) and the same has been rightly awarded by the Tribunal and it is rightly rounded of to Rs. 80,000/- and it does not require enhancement.

Considering nature of injuries, a sum of Rs. 10,000/- is awarded towards future medical expenses.

Thus the claimant is entitled for the following compensation:

The claimant is entitled for additional compensation of Rs. 34,000/- with interest at 6% p.a. on the additional compensation from the date of claim petition till the date of realisation.

Accordingly all the appeals are allowed in part and the Judgment and awards of the Tribunal are modified to the extent stated herein above.

The Insurance Co. is directed to deposit the additional compensation with interest within two months from the date of receipt of a copy of this judgment, and the same is ordered to be released in favour of the claimants.

No order as to costs.