N. Ravikumar vs T. Sidda Reddy

Mohan M. Shantana Goudar, J.

The appellant suffered certain grievous injuries in the accident which occurred on 15.5.2010. The Tribunal has awarded compensation of Rs. 6,30,300/-, in all under various heads. This appeal is filed for enhancement of compensation.

The claimant has sustained comminuted fracture of right femur, galeazze fracture of sub-luxation of right side and injury on the head. He has taken treatment in VIMS hospital, Bellary; Danamma Super Specialty Hospital, Bellary and St. Mary''s hospital, Bellary. In St. Mary''s hospital, he has undergone operation. Thereafter he has taken treatment in Nizam''s hospital at Hyderabad. Internal fixation was done at the first instance. However subsequently, he underwent second operation for removal of implants. He was in-patient in the hospital for about 45 days. The doctor has opined that the claimant has suffered 66% of disability inasmuch as the restriction of right upper limb and right lower limb is considerably reduced.

The claimant was aged about 22 years at the time of the accident and he was studying in B.Sc., final year. PW.3 is the doctor who treated the victim in VIMS hospital, Bellary. He is the Professor and Unit Chief of Orthopedics Medical College Hospital, VIMS, Bellary. The evidence of the doctor clearly reveals that the claimant, at the time of discharge, apart from undergoing fractures etc., was suffering from bed sores and incontinence of anal spincter because of the injury in the road traffic accident. The doctor has further opined that at the time of discharge, patient was on ilizarov apparatus to right thigh with surgical scars over right thigh and right forearm which are tender to palpate; His right knee movements are only 0 to 15 degrees and right hip movements are restricted in all directions to about 20%; His right forearm rotations are restricted to more than 20% compared to left forearm; He is not able to sit, cross-legged, squat, climb and stand for long time.

From the above, it is clear that practically the claimant is handicapped to a larger extent. He is unmarried. He is a college going boy and his future is marred. He will have to depend upon the 3rd person atleast for 2 to 3 years in the future. His marriage prospects are reduced to considerable extent. Keeping in mind all the aforementioned facts and circumstances, we have re-assessed the compensation awarded under various heads as under:

"The Tribunal has awarded Rs. 60,000/- towards pain and suffering, which is just and proper and hence the same is left undisturbed.

The actual medical bills on record amounting to Rs. 2,30,904/-. The claimant is awarded Rs. 2,30,000/-only by the Tribunal. This Court can take judicial notice of the fact that the patient might not have meticulously maintained the medical records while under treatment. He must have spent certain extra amount apart from the amounts which are evidenced by the medical bills. Hence we award Rs. 2,50,000/- under the head of ''medical expenses''.

The claimant shall also be awarded Rs. 10,000/- under the head of ''attendant charges'' inasmuch as he was looked after by the attendant for about 45 days. So also, the claimant shall be awarded Rs. 20,000/- towards nursing and extra nourishment charges during the course of his treatment.

The claimant is awarded Rs. 20,000/- under the head of Transportation, lodging and mess charges'', which appears to be just and proper and hence the same is left undisturbed.

The Tribunal, in our considered opinion is not justified in assessing the income of the claimant notionally at Rs. 3,000/- per month. Even a coolie would have earned Rs. 200/- per month during the year 2010. Having regard to the fact that the claimant was a B.Sc., student, we assess his income notionally at Rs. 6,000/- per month. Thus the claimant would be entitled to Rs. 18,000/- towards loss of income during the laid up period i.e., for three months.

As aforementioned, the Tribunal assessing the income of the claimant at Rs. 3,000/- per month, has awarded Rs. 2,26,800/- under the head of ''loss of future earnings''. In view of the fact that the claimant''s income is now assessed at Rs. 6,000/- per month, he shall be awarded Rs. 4,53,600/- under the said head. Apart from the same, the claimant should be awarded Rs. 60,000/- under the head of ''loss of amenities'' inasmuch as he has to suffer throughout his life.

The Tribunal has awarded Rs. 15,000/- towards future medical expenses and Rs. 10,000/- towards loss of academic career. The compensation awarded by the Tribunal under these two heads is just and proper and hence the same is left undisturbed. However he shall be awarded Rs. 35,000/- towards loss of marriage prospects."

Thus, in all the claimant would be entitled to Rs. 9,51,600/- and the same is rounded off to Rs. 9,50,000/-. Accordingly, the following order is made:

"The compensation is enhanced from Rs. 6,30,300/- to Rs. 9,50,000/- (Rupees nine lakhs fifty thousand only).

The rate of interest and deposit in the bank shall be in terms of the award of the Tribunal."

Appeal is allowed in part accordingly.