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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
The brief facts of the case;
On 16.11.2004, when the claimant was riding his motorcycle bearing No. KA.19/Y.6051 on Chikmagalur-Tarikere Road near Mountain View School, the lorry bearing No .KA.18/6352 came with great speed and dashed against his motorcycle. As a result, he fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Chikmagalur for seeking compensation. The Tribunal awarded a sum of Rs. 1,05,000/- with interest 6%p.a.
As there is no dispute regarding injuries sustained by the claimant in a motor road accident and the liability of the Insurance Company, the only point that (sic) for my consideration in the appeal is:
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
The claimant has sustained injuries to extra dural haemorrhage at the occipital parietal region as evident from the Wound Certificate Ex.F-3 and the Discharge Summary Ex.P4 issued by Nanjappa Hospital and Ex.P-14 X-ray Report and Ex.P-15, Ultra sound scan report and further they are supported by the oral evidence of the claimant and the doctor, who are examined as FWs-1 and 2 respectively. He was treated as Inpatient for about 9 days. FW-2, the Dr. Narayena Panji from Nanjappa Hospital, Kuveznpu Road, Shimoga has stated in his evidence as under:
The claimant was primarily treated in Holycross Hospital Chikmagalur by doctor Alwa. N.C. and thereafter be was referred to Nanjappa Hospital and then he was examined on 17.11.2004 find found that the claimant had head injury with multiple wounds over the skull, and right shoulder and left little toe, scanning of the brain revealed Brain Haemorrhage on the left side in the oxipetal area. He was operated with evacuation of blood clot, and he improved over one week and was discharged on 25.11.2004. He was under regular follow up at Nanjappa Hospital and he had injury to the leg and back ache for which he was investigated, that revealed linear fracture of the right leg bone and he was treated conservatively. He was under regular follow up for neck pain, loss of smell and lack of concentration. He attended OPD on 06.12.2004, 29.12.2004, 29.01.2005, 26.02.2005 and 27.11.2006. At the time of OPD, consultation on 27.11.2006 PW2 considering his all injuries opined that be had neurological disability of 20% which is permanent in nature because of injury to smell, nerves.
Considering the nature of usuries, it is just and proper to award a sum of Rs. 30,000/-towards ''pain and sufferings''.
As Rs. 58,000/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bilk produced by the claimant, there is no scope for enhancement under this head.
Considering die nature of injury and duration of treatment Rs. 10,000/- awarded by the Tribunal towards conveyance nourishment and attendant charges is on the tower side and it m deserved to be enhanced by another Rs. 5,000/-, and, I award Rs. 15,000/- under this head.
The learned Counsel for the claimant though submits that the claimant was advised by the doctor to take bed rest for 4 months, but nothing is produced from the employer i.e., MESCOM to show the nature of leave and number of days of leave he availed. But in the evidence of FW-2, it has come that he was under follow up from 16.11.2004 till 29.11.2006. Even in the absence of proof of documents with regard of number of days of leave he availed, considering the nature of injury it can be presumed that ha must have been under treatment and rest atleast for a period of 2 months and ha was out of employment during the said period and there is loss of salary which he is entitled to be awarded. Therefore, I award a sum of Rs. 18,000/- towards loss of income during laid up period. It has come in the evidence that he continued in service and there is no toss of leave and therefore, the Tribunal rightly has not awarded any compensation towards future toss of income.
The claimant has to bear with certain amount unhappiness and discomfort in his future life due to neurological problem, and there is 20% permanent disability as stated by the doctor, therefore, it is just and proper to award a sum of Rs. 30,000/- towards loss of amenities'' and, disability.
Thus, the claimant is entitled for a total compensation of Rs. 1,51,000/- as against Rs. 1,05,000/- awarded by the Tribunal with interest at 6%p.a. on the enhanced compensation of Rs. 46,000/- from the date of claim petition till the date of realisation. The break up is as under:
a) Pain and sufferings - Rs. 30,000/- b) Medical expenses - Rs. 58,000/- c) Conveyance, nourishment and attendant charges - Rs. 15,000/- c) Loss of income during laid-up period - Rs. 18,000/- e) Loss of amenities - Rs 30,000/- Total Rs. 1,51,000/-
Thus, the claimant is entitled for an additional/enhanced compensation of Rs. 46,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation within four weeks from the date of receipt of a copy of this order. Out of the enhanced compensation, 50% with proportionate interest is ordered to be invested in fixed deposit in any Nationalised Bank/Scheduled Bank/Post Office for a period on 7 years. Remaining 50% with proportionate interest is ordered to be released is favour of the claimant immediately after the deposit.
Accordingly, the appeal is allowed in part the judgment and award passed by the Tribunal is modified to the extent stated hereinabove. No order as to costs.