R. Maigananda Devan vs Rama Murthy and Others

A.V. Chandrashekara, J.—Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.

This appeal is by the claimant seeking enhancement of compensation of the Award passed in MVC No. 8407/2008 on the file of the Member, IV Additional Judge, Court of Small Causes, Bengaluru.

He was severely injured in a road accident that occurred on 1.9.2008 at about 9 pm in Bengaluru. The Insurer has not disputed the liability. The Tribunal has awarded a total sum of Rs. 5,90,000/- under different heads, in regard to head injuries sustained by the claimant.

Learned Counsel for the appellant has argued that the amount of compensation awarded under different heads is inadequate, more particularly, the injured was aged about 35 years, earning his livelihood in Bengaluru. It is argued that the Tribunal should have considered income of the injured at least at Rs. 6,000/-per month on the basis of preponderance of probabilities.

The Tribunal has assessed income of the injured at Rs. 3,000/- per month and has awarded Rs. 18,000/- as loss of income during laid up period. Admittedly, injured was aged about 35 years and was married. In the absence of the acceptable oral and documentary evidence in regard to probable income that the injured was getting in the year 2008, the same will have to be decided on the broad preponderance of probabilities as held by the Apex Court in the case of Chaturbhuj Pande and Others Vs. Collector, Raigarh, .

In the light of the injured being married man and was hale and healthy, assessing his income at Rs. 4,500/- would be just and reasonable and hence awarding a sum of Rs. 27,000/- under the head loss of income during laid up period instead of Rs. 18,000/- would meet the ends of justice.

The Tribunal has considered medical disability at 50% insofar as it relates to future earning capacity of the claimant. 50% of Rs. 4,500/- which is assessed as monthly income of the injured would be Rs. 2,250/- and the annual loss of income would be Rs. 27,000/-. The same will have to be multiplied by ''15'' which is the multiplier applicable to the age of the injured. The amount of Rs. 4,05,000/- awarded under this head would meet the ends of justice.

Admittedly, the wound certificate and discharge summary issued by NIMHANS and Manipal Hospital show that he had suffered right parietal temporal subdural hematoma leading to left hemiparesis and he had even acquired Pneumonia because of his stay in hospital. Taking into consideration the gravity of the injury, a sum of Rs. 30,000/- awarded under the head loss of amenities and future pleasure'' is on the lower side. Awarding a sum of Rs. 50,000/- under this head would meet the ends of justice.

The claimant was in the hospital for a period of one month and only a sum of Rs. 18,000/- is awarded under the head ''incidental charges''. Awarding a sum of Rs. 25,000/- under this head would meet the ends of justice.

The amount of Rs. 10,000/- is awarded under the head ''future medical expenses'' which is on the lower side. Considering the gravity of injuries, awarding a sum of Rs. 30,000/- would meet the ends of justice.

No interference is called for in respect of other heads. The claimant is entitled to compensation under different heads as follows:

ORDER

The appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified. The claimant is entitled for a total compensation of Rs. 7,87,000/- as against Rs. 5,90,000/- awarded by the Tribunal. The enhanced compensation of Rs. 1,97,000/- (Rupees One Lakh Ninety Seven Thousand only) shall carry interest at 9% p.a. from the date of claim petition till the date of realisation.

The respondents are directed to deposit the enhanced compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The said amount is ordered to be released in favour of claimant.

Parties to bear their own costs.