Mohammed Ilahi Jhan vs The Managing Director, KSRTC Bhavan, K.H. Double Road, Shanthinagar, Bangalore and The Manager, United India Insurance Co. Ltd., South End Road, Near Shanthi Talkies, 2nd and 4th Floor, Bangalore

Ravi Malimath

The case of the claimant is that on 05-01;-2008 at about 11.45 AM., when he was proceeding along with family members towards his house near Pradeep Junction, Kalasipalya Main Road in Bangalore, a BMTC bus bearing No. KA-01/F- 1759 came from Market Circle in high speed and in a rash and negligent manner and dashed against him, as a result of which, he sustained severe injuries to both of his legs. Immediately, he was shifted to the Victoria hospital for treatment. On a claim Petition being filed u/s 166 of the Motor Vehicles Act, the Tribunal awarded a sum of Rs. 64,900/- along with interest. Seeking enhancement of the compensation awarded by the Tribunal, the present appeal is filed. The Tribunal awarded compensation as follows:-

It is the contention of the learned counsel for the petitioner that no amount was awarded towards permanent disability or future earning capacity. According to PW.2, the Doctor who treated the petitioner, the disability to limb is to an extent of 36%. So, it is appropriate to hold disability to the whole body to an extent of 12%.

The claimant claims to be a vegetable vendor and earning Rs. 9,000/- per month as on the date of the accident. However, no material is produced to establish that his earnings as a vegetable vendor as on the date of the accident was Rs. 9,000/- pm. The accident occurred in the year 2008. In the absence of any material to show his income as on the date of the accident was at Rs. 9,000/- pm., it is appropriate to take his notional income at Rs. 5,500/- per month. He was aged 30 years as on the date of the accident, so, the appropriate multiplier should be ''17''. Hence, the loss of future income due to disability works-out as under:-

Rs. 5500 x 12 x 17 x 12% = Rs. 1,34,640/-

The Tribunal has awarded a sum of Rs. 9,000/- Towards loss of income during the laid up period. The appellant must have required at least a period of 6 months to recover from the injuries sustained. Hence, a sum of Rs. 33,000/-(Rs. 5,500 x 6) is awarded under the said head.

The Tribunal has awarded a sum of Rs. 5,000/- towards conveyance, attendant charges, food and nourishment. The appellant has been hospitalised for a period 33 days. So, it is just and necessary to award a further sum of Rs. 20,000/- under this head.

The amount of Rs. 10,000/- awarded by the Tribunal under the head of loss of discomfort and amenities is on the lower side. Hence, compensation under this head is enhanced by awarding a further sum of Rs. 10,000/-.

The compensation awarded under the other heads is just and proper, as such, it does not call for interference by this Court.

The compensation now awarded is as follows:-

Consequently, the compensation is enhanced by a sum of Rs. 1,83,640/- (Rs. 2,48,540/- less Rs. 64,900/-) along with 6% interest per annum from the date of the Petition till realization and to be paid within a period of 4 weeks from the date of receipt of copy of this order.