MUBHARAK PASHA vs SRI. MUNIRAJ & Anr

Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 12.10.2012 made in MVC No.618/2011 passed by the XII Additional Small Causes Judge and Member, MACT, Bangalore (herein after referred to as ''the Tribunal'' for short), has filed this appeal seeking for enhancement of compensation.

The appellant filed the claim petition contending that on 13.11.2010, at about 6.30 p.m. while he was walking on the left side of Doddanna Nagara Main Road, near B.P. Provision Stores, a Mini Lorry bearing registration No.KA-20-6594 driven by its driver in a rash and negligent manner dashed against the claimant from the back side and due to the impact, he fell down and sustained injuries. At the time of the accident, he was aged about 22 years and working as car painter, earning Rs.10,500/- per month. In view of the injury, he suffered permanent physical disability and thereby lost his earning capacity. As on the date of the accident, the Mini Lorry was insured with respondent No.2. Hence, both respondent Nos.1 and 2 are liable to compensate the claimant. Therefore, the claimant sought for compensation of Rs.7,00,000/-.

In response to the notice issued by the Tribunal, though the owner of the offending vehicle was served with notice, he remained unrepresented. Insurance company filed written statement denying the case of the claimant.

After trial, the Tribunal held that due to the negligence on the part of the driver of the Mini Lorry, the accident occurred and the claimant is entitled for compensation.

With regard to the quantum of compensation is concerned, in the accident claimant has sustained fracture of superior rami of pubic right and fracture of right 5th rib. He was treated as inpatient in the hospital for a period of four days and thereafter he has taken follow-up treatment. The doctor has assessed the disability at 4% to the whole body. The Tribunal, taking into consideration the income of the claimant at Rs.4,000/- per month, and as he was aged about 22 years, applying multiplier ''18'' and taking into consideration the disability at 4% has awarded Rs.34,560/- towards future loss of income, Rs.25,000/- towards pain and sufferings, Rs.12,000/- towards loss of income during laid up period, Rs.5,000/- towards amenities of life and Rs.10,000/- towards medical and incidental expenses. In all, the Tribunal has awarded a sum of Rs.86,560/- with 6% interest per annum from the date of claim petition till realisation. The claimant being not satisfied with the quantum of compensation has filed this appeal.

I have carefully considered the arguments addressed by the learned counsel appearing for the parties and perused the judgment and award and oral and documentary evidence.

The dispute in this appeal is only with regard to the quantum of compensation. Though the claimant claimed that he was working as a car painter and earning Rs.10,500/- per month, the Tribunal has taken the income of the claimant at Rs.4,000/- per month, which is on the lower side. The accident has occurred in the year 2010. Even though the claimant has not produced any document to substantiate the income, the Tribunal ought to have taken into consideration the reasonable income while awarding compensation. In the instant case, I deem it just and proper to take the income of the claimant at Rs.5,500/- per month and by applying multiplier ''18'' and taking the disability at 4%, the claimant is entitled to Rs.47,520/- towards future loss of income as against Rs.34,560/- awarded by the Tribunal. Further, the claimant has to lead remaining life with disability. Once there is fracture of limb, the originality will be lost. Hence, he is entitled for another sum of Rs.10,000/- towards amenities of life. Further, the claimant is entitled for another sum of Rs.7,000/- towards loss of income during laid up period. In all, claimant is entitled for an enhanced compensation of Rs.29,960/-, rounded off to Rs.30,000/- with 6% interest per annum.

Accordingly, I pass the following ORDER

The appeal is allowed in part. The judgment and award dated:12.10.2012 made in MVC No.618/2011 passed by the XII Additional Small Causes Judge and Member, MACT, Bangalore, stands modified and the claimant is entitled for an enhanced compensation of Rs.30,000/- with interest at 6% per annum in addition to Rs.86,560/- awarded by the Tribunal.