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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. With the consent of the learned Counsel appearing for the parties, the matter 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.
This brief facts of the case:
On 07.12.2005, when the claimant was proceeding horn Kunjibetta to Udupi by walking on the left side of the road, a bus bearing registration No. KA-20 AA-8847 came in a rash and negligent manner and dashed against him. As a result he fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Udupi seeking compensation of Rs. 6,54,650/-. The Tribunal awarded him a sum of Rs. 73,450/- with interest at 8%p.a.
As there is no dispute regarding injuries sustained by the claimant in a motor road accident and the liability of the Insurance Company, the only point that arises for my consideration in the 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 that considering the nature of the injuries sustained by the claimant and duration of treatment undergone by him, the compensation awarded by the Tribunal is on the lower side and therefore he prays for allowing the appeal by enhancing the compensation.
Per contra, the learned Counsel appearing for the Insurance Company submits that the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement and therefore he prays for dismissal of the appeal.
After hearing the learned Counsel for the parties and perusing the judgement and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced.
The claimant has sustained closed fracture of tibia and fibula lower 1/3rd It. as evident from the Wound Certificate Ex.P-3, discharge summary Ex.P-6, medical certificate Ex.P-7 and disability certificate Ex.P-9. Further, it is supported by the oral evidence of the claimant and the doctor, who were examined as PWs-1 and 2 respectively. The claimant was treated as inpatient for a period of 10 days in City Hospital, Udupi. PW-2, the doctor, who treated the claimant, has stated that there is 8% permanent physical disability.
Considering the nature of injuries, Rs. 25,000/- awarded by the Tribunal towards ''pain and suffering'' is on the tower side and it is deserved to be enhanced by another Rs. 5,000/- and therefore, I award Rs. 30,000/- under this head.
As Rs. 35,450/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant, there is no scope for enhancement under this head.
Considering the duration of treatment, Rs. 3,000/- awarded by the Tribunal towards ''conveyance, nourishment and attendant charges'' is on the lower side and therefore it is deserved to be enhanced by another Rs. 7,000/- and I award Rs. 10,000/- under this head.
PW-2, the doctor who treated the claimant has stated that there is 8% permanent disability. He has also stated that it does not come in the way of the claimant in continuing his profession as driver of JCB. At the same time, the doctor has stated that he must be under bed rest for a period of 3 months and he cannot resume to work for another 3 months. The Tribunal has committed an error in not awarding any amount towards ''loss of income during Laid up period'', in the absence of proof of income, considering the age and nature of profession as driver, the income of the claimant m assessed at Rs. 3,000/- per month. Accordingly, Rs. 18,000/- is awarded towards loss of income during laid up period.
Even though, there is no loss of future income, he has to bear with certain amount of inconvenience, discomfort add unhappiness in his future life and therefore Rs. 10,000/- awarded by the Tribunal towards ''loss of amenities'' is on the lower side and it is required to be enhanced by another sum of Rs. 30,000/- and Rs. 40,000/- is awarded towards loss of amenities and disability.
Thus, the claimant is entitled for an additional/enhanced compensation of Rs. 60,000/- with interest of 6% p.a. from the date of the claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation within four weeks from the date of receipt of a copy of the judgement m& award. Out of the enhanced compensation, 75% of the amount with proportionate interest is ordered to be invested in fixed deposit in any Nationalised Bank/Scheduled Bank/Post Office for a period of 7 years. Remaining 25% with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit.
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. No order as to costs.