P. Balaji vs Kumada N.

P.D. Waingankar, J.—This appeal by the appellant/claimant under Section 173(1) of M.V. Act is against the judgment and award dated 11.03.2011 in MVC No. 5401/2010 on the file of the Small Cause Court and MACT, Bangalore.

The Tribunal by the impugned judgment and award, awarded a total compensation of Rs. 2,10,300/- to the claimant. Questioning the quantum of compensation awarded by the Tribunal, this appeal is preferred.

I have heard both the learned counsel appearing for the appellant/claimant and respondent No. 2-insurance company. Perused the records.

Having heard the submissions made by both the learned counsel and upon consideration of the entire material on record, the only point that arises for my determination is:

"Whether the compensation awarded by the Tribunal is just and reasonable?"

The records disclose that while the claimant was proceeding by walk on the left side of the road on 07.07.2010 at about 9.30 a.m., a Car bearing registration No. KA-05-MH-735 came and dashed against him causing grievous injuries. He was treated as inpatient at K.S. Hospital, Bangalore. The Tribunal upon consideration of evidence on record held that the accident and injury sustained by the claimant are on account of rash and negligent driving of the Car by its driver.

The discharge summary issued by K.S. Hospital, Bangalore, discloses that in the said accident the claimant sustained wedge compression fracture (L) for which he was treated as inpatient in the same hospital. He also underwent surgery. P.W. 2 Dr. Vinod Kumar A.C. Consultant Orthopedic Surgeon at K.S. Hospital, Bangalore, where claimant was treated, went on record to depose that on account of the fracture sustained, the claimant is left with 19% disability of the whole body inspite of best treatment given to him. However, the Tribunal has taken the disability as 10% as against 19% spoken by the Doctor.

The Tribunal has awarded an amount of Rs. 20,000/- under the head pain and sufferings which is on the lower side. Having regard to the nature of injury, nature of treatment and the period of hospitalization, an amount of Rs. 30,000/- would be just compensation under the head pain and sufferings as against Rs. 20,000/- awarded by the Tribunal.

So far as amount awarded under the head medical expenses, upon perusal of medical bills the Tribunal has rightly awarded a sum of Rs. 50,000/-.

So far as loss of earning during treatment is concerned, the Tribunal has taken the income of claimant as Rs. 4,500/- per month. The claimant has produced salary certificate as per Ex. P11 wherein his salary is shown as Rs. 7,500/- per month. The certificate discloses that he was working as a Mechanic. But, the claimant has not examined the author of said document. Rightly for the said reason the Tribunal has not placed reliance on Ex. P-11. Merely because the author has not been examined, it cannot be said that he was earning Rs. 4,500/- per month. Having regard to the fact that the accident had occurred in the year 2010, I am inclined to take monthly income of the claimant at Rs. 6,000/- per month as against Rs. 4,500/-. On account of accidental injury and that he underwent surgery, he must have been incapacitated from attending to his work atleast for a period of 4 months and thereby he lost his income for period of four months. So an amount of Rs. 24,000/- is awarded under the head loss of earning during the period of treatment as against Rs. 13,500/- awarded by the Tribunal.

The Tribunal has awarded an amount of Rs. 10,000/- under the head conveyance and nourishment expenses which appears to be just and proper.

The Tribunal has also awarded a sum of Rs. 15,000/- towards future medical expenses which is also just and proper.

So far as loss of future earning, the Tribunal by taking into account the disability of whole body at 10% and income as Rs. 4,500/- per month has awarded a sum of Rs. 91,800/-. I have taken the income of the claimant at Rs. 6,000/- per month. Having regard to the nature of injury and evidence given by doctor, ends of justice will be met, if disability to the whole body is taken as 15% as against 10% taken by the Tribunal. In that case, loss of monthly earning comes to Rs. 900/- and loss of annual earning comes to Rs. 10,800/-. If it is multiplied by ''17'' multiplier having regard to the age. of the claimant, total loss of future earning on account of disability comes to Rs. 1,83,600/-. So an amount of Rs. 1,83,600/- is awarded under the head loss of future earning on account of disability as against Rs. 91,800/- awarded by the Tribunal.

Further, the Tribunal has awarded a sum of Rs. 10,000/- under the head loss of amenities, which appears to be on lower side. I deem it just and proper on my part to award a sum of Rs. 25,000/- under the head loss of amenities as against Rs. 10,000/- awarded by the Tribunal.

Thus, the claimant is awarded a total compensation of Rs. 3,37,600/- as against Rs. 2,10,300/- awarded by the Tribunal under various heads as under:

There shall be an enhancement of Rs. 1,27,300/- (Rs. 3,37,600/- - Rs. 2,10,300/-) together with interest at 6% from the date of petition till the date of realisation. Accordingly, I pass the following order.

Appeal is partly allowed. The appellant/claimant is awarded an enhanced compensation of Rs. 1,27,300/- over and above the compensation awarded by the Tribunal together with 6% interest from the date of petition till the date of realisation.

Respondent No. 2-Insurance Company is directed to deposit the enhanced compensation amount together with interest thereon within a period of two months from the date of receipt of copy of this judgment.

In the event of deposit, a sum of Rs. 50,000/- shall be invested in the name of the claimant in Fixed Deposit for a period of Five years in any nationalized bank of his choice. Balance amount together with interest shall be released to the appellant/claimant.