Puttaraju vs Annapurnamma and Others

B. Sreenivas Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

With the consent of the learned counsel appearing for the parties, the appeal is heard and disposed of finally.

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

As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 24-2-2012 due to rash and negligent driving of a tata magic bearing Registration No. KA-13 A-8710 by its driver and liability of the insurer of the said vehicle, the only point that arises for my consideration in the appeal is:

"Whether the compensation of Rs. 4,32,608/- awarded by the Tribunal with interest at the rate of 6% per annum is just and reasonable or does it call for enhancement?" 5. After hearing the learned counsel appearing 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 required to be enhanced.

As per Ex. P3 - Wound Certificate, the claimant had sustained following injuries:

"Fracture of both bones of right leg and vertebral fracture of L2, fracture of left humerus, fracture of nasal bone and also fracture of bilateral superior pubic ramus and left interior pubic ramus bone." Injuries sustained and treatment undergone by the claimant are also evident from Ex. P5 - discharge summary, Ex. P6 - photos with CD., Ex. P7 - doctor certificate, Ex. P9 - x-rays (27 in numbers), Ex. P11 -disability certificate, Exs. P12 and 15 - case sheets (two in numbers), Ex. P13 - admission record, Ex. P14 -discharge card and corroborated by oral evidence of the claimant and the Doctor who were examined as P.Ws. 1 and 2 respectively. P.W. 2 - Dr. Sreehamsa H.N. in his evidence has stated that the claimant has suffered disability of 60% to the limb and 20% to the whole body.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 1,00,000/- is awarded towards ''pain and sufferings'' as against Rs. 93,000/- awarded by the Tribunal.

As Rs. 1,65,808/- awarded by the Tribunal towards ''medical expenses'' is as per the medical bills and prescriptions produced by the claimant, the same is just and proper and it does not require enhancement.

Claimant was treated as in-patient for a period of 18 days at Bangalore Hospital, Jayanagar, Bangalore and has spent Rs. 12,200/- towards ''ambulance charges''. Therefore, considering the duration of treatment as inpatient, a sum of Rs. 20,000/- awarded by the Tribunal towards ''incidental expenses'' such as conveyance, nourishment and attendant charges, etc. is just and proper.

Claimant has stated that he was studying in B.Com. at the time of accident and by giving tuition he was earning Rs. 2,500/- per month. Considering the facts, the Tribunal was justified in taking the income of the claimant as Rs. 3,000/- per month. The nature of injuries suggests that he must have been under rest and treatment for a period of six months. Therefore, Rs. 18,000/- is awarded towards loss of income during the laid up period''. Admittedly the claimant was studying in B.Com. at the time of accident and therefore, awarding compensation towards loss of future income'' does not arise.'' Nevertheless, he has to bear with the disability stated by the Doctor and certain amount of discomfort and unhappiness the claimant has to undergo in his future life, justice would be met, if a sum of Rs. 1,50,000/- is awarded towards loss of amenities, disability, marriage prospects and inconvenience caused to education carrier'' as against Rs. 1,29,600/- awarded by the Tribunal towards loss of income and future income''.

The Doctor has stated that claimant is required to undergo two major surgeries and it may cause Rs. 1,00,000/-. Therefore, Rs. 50,000/- awarded by the Tribunal towards ''future medical expenses'' is just and proper.

Thus, the claimant is entitled for the following compensation:

Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 21,200/- (Rupees twenty-one thousand two hundred only) with interest at 6% per annum from the date of claim petition till the date of realisation.

The Insurance Company is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment and the same is ordered to be released in favour of the claimant.

No order as to costs.