Puneetha vs Rangappa and The Manager

B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard. The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is disposed of finally.

For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 18-4-2006 due to rash and negligent driving of offending lorry bearing registration No. KA-13-6499 by its driver and liability of the insurer of the offending vehicle, the. only point that remains for my consideration in the appeal is:

Whether 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 judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore it is deserved to be enhanced.

As per Ex. P.6-wound certificate, claimant has sustained the following injuries;

1) Frontal depressed fracture with underlying extradural haemorrhage x-ray shows depressed fracture frontal bone.

2) Swelling and deformity of right leg-x-ray shows compound fracture of right tibia and fibula.

3) Open injury with swelling right hand and right middle finger-x-ray shows right hand fracture of metatarsal bone.

Injuries sustained and treatment taken by him are also evident from Ex. P.10-discharge summary, Exs. P.14 and 19-6 x-rays, Ex. P.18-case sheet and supported by oral evidence of the claimant and doctor examined as P.Ws. 1 and 2 respectively.

P.W.2-Dr. H.S. Ravi in his evidence has stated, claimant has suffered disability of 30% to right leg and 30% to right hand.

Considering nature of injuries sustained by the claimant, Rs. 45,000/- awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement under this head.

Claimant has produced medical bills for Rs. 64,000/- as per Ex. P.12. The Tribunal is not justified in holding that the medical bills are not dependable and considering nature of injuries awarding only Rs. 45,000/- towards medical expenses. Therefore, Rs. 64,000/- is awarded towards medical expenses as per bills produced by the claimant for the said sum.

He was treated as inpatient for 15 days in a private hospital. Considering the same, a sum of Rs. 8,000/- is awarded towards incidental expenses.

Claimant has stated he is studying in II PUC and working in a medical shop as; apart time employee after the college hours and has produced salary certificate at Ex. P.11. Neither the author of the said certificate nor the owner of the medical shop is examined. Considering he is a student, his income assessed by the Tribunal at Rs. 2,000/- per month is just and proper. Nature of injuries suggest, he must have been under rest and treatment for a period of six months. Considering the same, a sum of Rs. 12,000/- is awarded towards loss of income during laid up period.

Considering nature of injuries, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant has to undergo for the rest of his life, a sum of Rs. 30,000/- is awarded towards loss of amenities including inconvenience caused to his studies.

He is aged about 18 years. Multiplier applicable to his age group is 18''. His income is assessed at Rs. 2,000/- per month. Doctor has stated he has suffered disability of 30% to right leg and 30% to right hand. Therefore, disability to whole body comes to 18%. So, loss of future income works out to Rs. 77,760/- (Rs. 2,000/- x 12 x 18/100 x 18), whereas Tribunal has awarded Rs. 1,29,600/-. Therefore, there is no scope for enhancement.

Thus the claimant is entitled for the following compensation:

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 additional compensation of Rs. 40,500/- with interest at 6% p.a. from the date of claim petition till the date of realisation, excluding interest for the delayed period of 168 days in filing the appeal.

The Insurance Co. is directed to deposit the additional compensation amount with interest, but excluding interest for the delayed period of 168 days in filing the appeal, within two months from the date of receipt of a copy of this judgment, from which 75% with proportionate interest is ordered to be deposited in FD in the name of the claimant in any nationalised or scheduled Bank for a period of 9 years, with a right of option to withdraw interest periodically and the remaining amount is ordered to be released in his favour. The Tribunal while releasing 25% of the compensation is also directed to issue F.D. slip to the claimant to enable him to withdraw the amount on its maturity without approaching the Tribunal once again. The bank in which the FD is deposited is also directed to release the FD amount on its maturity without insisting for an order from the Tribunal.

No order as to costs.