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Judgment
B. Sreenivase Gowda
This appeal is by the claimant for enhancement of compensation awarded by the Tribunal;
Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 19.06.2005 due to rash and negligent driving of lorry bearing registration No.KA-01-A-5145 by its driver while he was riding his motor cycle on J.C. Road, Shivaji Junction, Bangalore and liability of the insurer of the offending lorry, the only point that remains for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement?
After hearing the learned Counsel for the parties and perusing the 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 fracture of left humerus, fracture of set terminal phalam and fracture of right great toe. He was treated as inpatient in Hosmat Hospital and under went operation with internal fixation. After discharge he took follow up treatment, Injuries sustained by him are evident from the wound certificate - Ex.P.8, discharge summary Ex. P 9 and supported by oral evidence of the claimant examined as P.W.2. He has not examined the doctor regarding disability.
Considering the nature of injuries, Rs.25,000/-awarded by the Tribunal towards pain and suffering is on the lower side and I award Rs.30,000/- under this head.
The claimant has produced medical bills for Rs.32,580/- as per Ex. P 10. Considering the nature of injuries and duration of treatment Rs.37,000/-awarded by the Tribunal towards medical and incidental expenses such as conveyance, nourishment and attendant charges is on the lower side and it is deserved to be enhanced by another sum of Rs.6,000/-and I award Rs.43,000/- under this head.
Claimant claims to be working as a salesman at Dulan Jewellers and was earning Rs.5,000/-, but the same is not established. In the absence of proof of income, the Tribunal has rightly assessed his income at Rs.3,500/- per month. Nature of injuries suggests that he must have been under treatment and rest at least for a period of three months and I award Rs. 10,500/- towards loss of income during laid up period as against Rs.7,000/- awarded by the Tribunal.
The claimant has not examined the doctor regarding disability, hence he is not entitled for compensation towards loss of future income. However, considering nature of injuries sustained by the claimant has rightly awarded Rs.20,000/- towards loss of amenities and it does not call for enhancement.
Thus the claimant is entitled for the following compensation:
1)
Pain and suffering
Rs. 30,000/-
2)
Medical & Incidental expenses
Rs. 43,000/-
3)
Towards loss of income during laid up period
Rs. 10,500/-
4)
Towards loss of amenities
Rs. 20,000/-
Total
Rs. 1,03,500/-
Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 1,03,500/- as against Rs.89,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 14,500/-from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment and same is ordered to be released in favour of the claimant.
No order as to costs.