Narasappa Mallanna vs Praveenkumar Surykanth and Others

B. Sreenivas Gowda, J.—Appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard. Appeal is admitted and with the consent of the 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 that occurred on 13.07.2013 due to rash and negligent riding of offending motorcycle bearing registration No. KA-32-L-8308 by its rider and liability of the insurer of the said vehicle, the only point that remains for consideration in this appeal is:

"Whether compensation of Rs. 1,83,600/- with interest at the rate of 6% per annum 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 quantum of compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore, it is required to be enhanced.

As per wound certificate Ex. P6 the claimant had sustained following injuries:

"1. Cut lacerated wound around 2 x 1 cm over left leg (Anterior Aspect)

X-ray shows fracture both bones (Left leg)"

Injuries sustained and treatment taken by the claimant are evident from disability certificate Exs. P10 and P11 x-ray report and they are supported by the oral evidence of the claimant and doctor who were examined as P.W. 1 and PW2 respectively.

Considering the nature of injuries sustained by the claimant a sum of Rs. 35,000/- is awarded towards pain and suffering as against Rs. 10,000/- awarded by the Tribunal.

The claimant has produced 20 medical bills for a sum of Rs. 30,000/- as per Ex. P12 and they are not disputed. If that is so, it is just and proper to award Rs. 30,100/- towards medical expenses as per medical bills, as against Rs. 25,000/- awarded by the Tribunal under this head.

He was treated as inpatient for 4 days in Ashwini Hospital, Solapur Branch at Gulbarga. Considering the duration of treatment a sum of Rs. 4,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.

He claims to have been earning Rs. 15,000/- per month by doing agriculture. The learned counsel for the claimant submits that the accident is of the year 2013 and notional income may be taken at Rs. 7,000/- per month which is the income used to be taken in the Adalath as well as in the Court whereas learned counsel appearing for the insurer submits claimant is not doing any work he is a student as described by himself in the cause title of the appeal. A perusal of the cause title would show claimant has described his avocation as student-cum-agriculturist. To show that he is agriculturist or he is hailed from agriculture family no revenue records are produced. Therefore, in the absence of proof of income, considering his age as 22 years, year of accident as 2013 and avocation as student-cum-agriculturist his notional income assessed by the Tribunal at Rs. 4,000/- per month is sound and proper. Nature of injuries suggest that he must have been under rest and treatment for a period of 4 months therefore a sum of Rs. 16,000/- is awarded towards loss of income during laid-up period.

Considering the nature of injuries sustained, disability stated by the doctor and an amount of discomfort and unhappiness that he has to undergo in his future life a sum of Rs. 20,000/- is awarded towards loss of amenities as against Rs. 10,000/- awarded by the Tribunal.

He is aged about 22 years and multiplier applicable to his age group is 18. His income is assessed at Rs. 4,000/- per annum. As per the disability stated by the doctor at 31% to the left lower limb, disability caused to the whole body comes to 10.33%. However, considering the nature of injuries, the Tribunal has taken the functional disability at 16% and awarded Rs. 1,30,560/- towards loss of further income. Hence, there is no scope for enhancement under this head.

Thus, he is entitled for the following compensation:

Accordingly, appeal is allowed in part and the Judgment and award passed by the Tribunal is modified. Claimant is entitled for an additional compensation of Rs. 52,060/- with interest at 6% per annum from the date of petition till the date of realization.

Insurance company is directed to deposit the additional compensation amount together with interest within 2 months from the date of receipt of a copy of this judgment excluding interest for the delayed period of 94 days. From the additional compensation amount to be deposited by the Insurance company 70% with proportionate interest is to be invested in Fixed Deposit in the name of claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with a right of option for the claimant to withdraw interest periodically. Remaining 30% with proportionate interest is ordered to be released in his favour. The Tribunal while releasing the remaining amount is also directed to issue FD slip in favour of the claimant, so that he can withdraw the FD amount on maturity and the Bank/the post office in which the FD will be invested is also directed to release FD on maturity without insisting for further order from the Tribunal.

Draw up the award accordingly.

No order as to costs.