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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 learned counsel appearing for parties, it is taken up for final disposal.
For the sake of convenience, the 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 6.6.2008 due to rash and negligent driving of the offending Car bearing registration No. MH-04-AY-2101 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned counsel appearing for 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 hence it is required to be enhanced.
As per wound certificate Ex. P-3, the claimant has sustained following injuries:-
a) Lacerated wound over right leg
b) Contusion and haematoma over right leg
c) Deep lacerated wound over right elbow with muscle tear
d) Fracture of shaft of radius right
e) Fracture of distal end of radius right
f) Fracture of distal end of radius left
The injuries sustained by the claimant are also evident from discharge summary Ex. P-8, treatment certificate Ex. P-10, disability certificate Ex. P-11, Photos Ex. P-14, inpatient bill Ex. P-15, X-rays Exs. P-16 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively. PW-2, doctor in his evidence has stated that the claimant has suffered 40% movement disability of his right hand wrist and manus valgus deformity right wrist radial deviation of right wrist of prominent to alna and totally his right hand 34.7% of permanent disability.
Considering the nature of injuries, a sum of Rs. 35,000/- is awarded towards ''pain and suffering'' as against Rs. 25,000/- awarded by the Tribunal.
As Rs. 43,000/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bills produced by the claimant and there is no scope for enhancement under this head.
The claimant was treated as inpatient for a period of 20 days in Hitech Medicare and Research Centre, Udupi. Considering the duration of treatment, a sum of Rs. 10,000/- is awarded towards ''incidental expenses'' such as conveyance, nourishment and attendant charges as against Rs. 7,000/- awarded by the Tribunal.
The claimant claims to be working as Silversmith and earning a sum of Rs. 7,000/- per month, but the same is not established by producing any documents. In the absence of proof of income, considering his age as 32 years, year of accident as 2008 and his avocation as silversmith, his income could be assessed at Rs. 4,000/- per month as against Rs. 3,000/- per month assessed by the Tribunal. The nature of injuries suggest that he must have been under rest and treatment for a period of 6 months and therefore a sum of Rs. 24,000/- is awarded towards loss of income during laid up period'' as against Rs. 9,000/- awarded by the Tribunal.
Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 15,000/- is awarded towards loss of amenities'' as against Rs. 5,000/- awarded by the Tribunal.
The claimant is aged about 32 years at the time of accident, and the multiplier applicable to his age group is 16. His income is assessed at Rs. 4,000/- per month. PW-2, doctor in his evidence has stated that claimant has suffered disability of 34.7% to the upper limb. The disability caused to the whole body is 1/4th of the disability caused to the upper limb, which comes to 8.6%. But considering the nature of injuries, functional disability can be assessed at 12%. Therefore, the loss of future income'' works out to Rs. 76,800/- (4000 x 12 x 16 x 12/100) and it is awarded as against Rs. 69,120/- awarded by the Tribunal.
Thus, the claimant is entitled for the following compensation:-
Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 51,040/- 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 additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, 75% of the amount with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 6 years and with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant. The Tribunal while releasing 25% of the amount is also directed to issue the fixed deposit slips, so as to enable the claimant to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.
No order as to costs.