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Judgment
B. Sreenivas Gowda, J.—The appellant having sustained certain injuries in a road traffic accident filed claim petition before the MACT-V, Court of Small Causes, Bengaluru City seeking compensation under Section 166 of MV Act from the owner and the insurer of the offending vehicle.
The Tribunal by the impugned Judgment and Award has awarded global compensation of Rs. 1,67,100/- with interest at 6% p.a.
The appellant aggrieved by the sum awarded by the Tribunal has preferred this appeal seeking enhancement of compensation.
As there is no dispute regarding certain injuries sustained by the claimant in the road traffic accident that occurred on 12.09.2010 due to rash and negligent driving of the offending Lorry bearing No. KA-02/AA-51 by its driver and the liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
"Whether the quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement? 5. After hearing the learned Counsel for the parties and perusing the Judgment and 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 requires to be enhanced.
As per Ex.P5 wound certificate the claimant has sustained the following injuries:
CLW 1 x 1 cm over the center of fore head.
Multiple bleeding abrasion on the fore head and both lower limbs.
He was treated as in-patient for the bicondylar fracture of left tibia in Jaimaruthi Hospital from 12.9.2010 to 26.9.2010 for a period of 14 days and 13 days i.e. on two different occasions and underwent surgery of ORIF.
Considering the nature of injuries sustained by the claimant, Rs. 30,000/- awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement under this head.
As Rs. 65,000/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant there is no scope for enhancement under this head.
Considering the fact that he was treated as inpatient on two occasions for a period of 27 days, Rs. 12,000/- is awarded under the head incidental expenses such as conveyance, nourishing food and attendant charges.
The appellant claims to have been doing cooking in a Dhaba and has produced the photocopy of salary certificate issued by the employer. He has not examined either the author or his employer to substantiate his income. In the absence of proof of income, considering the age of the claimant as 30 years, the year of accident as 2010 and avocation as Cook, his income is assessed at Rs. 5,000/- p.m.. Nature of injuries suggest that he might have taken rest and treatment for a period of three months, thus, an amount of Rs. 15,000/- is awarded towards loss of income during laid up period.
Considering the nature of injuries sustained by the claimant, the disability stated by the doctor and an amount of discomfort and unhappiness he is required to undergo in his future life, Rs. 20,000/- awarded by the Tribunal towards loss of amenities is just and proper and there is no scope for enhancement.
His income is assessed at Rs. 5,000/- per month. Doctor has stated that the claimant has suffered 27.4% disability to the lower limb, so, the disability to the whole body would be 9%. The multiplier applicable to his age is ''17''. So the loss of future income works out to Rs. 91,800/- (Rs. 5000 x 9/100 x 12 x 17) and it is awarded as against Rs. 33,600/- awarded by the Tribunal and Rs. 8,000/- is awarded towards future medical expenses.
Thus the claimant is entitled for the compensation under the following heads:
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. 2,41,800/- as against Rs. 1,67,100/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 74,700/- from the date of claim petition till the date of realization.
The Insurance Co. is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment.
Out of the enhanced compensation 75% with proportionate interest is ordered to be invested in F.D. in any nationalized or scheduled Bank in the name of the claimant for a period of 3 years and the remaining 25% of the amount with proportionate interest is ordered to be released in his favour.
The Tribunal while releasing 25% of the amount is also directed to issue FD slip in favour of the claimant, so that he can withdraw FD amount on its maturity. The Bank or post office in which amount will be kept in FD is directed release the FD amount on its maturity without insisting for an order from the Tribunal.
No order as to costs.