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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Though the matter is listed in the orders list, with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
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 motor traffic accident occurred on 29.07.2007 due to rash and negligent riding of motor cycle bearing registration No. KA-41-E-3729 by its rider and liability of the insurer of the said vehicle to pay compensation, the only point arises for consideration is:
Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement?
As per Ex. P. 5 wound certificate claimant has sustained the following injuries:
1) Abrasion of 3 x 2 cm over left knee red in colour;
2) Complete tear of ACL;
3) Complete tear of posterior horn of lateral meniscus;
4) Mild joint effusion;
5) Fracture tibial intercondylar eminence;
6) Contusion of the lateral tibial condyle.
Injuries sustained and treatment taken by him are also evident from Ex. P8 two discharge summaries, Ex. P9 lab reports, Ex. P13, MRI Scan, Ex. P14 IP case sheet, Ex. P15 OP case sheet, X-rays Ex. P16 and supported by oral evidence of the claimant and doctor examined as PWs 1 and 2 respectively. PW 2 Dr. H.S. Narendra has stated the claimant has suffered 40% disability to left lower limb and 20% to whole body.
Considering the nature of injuries sustained by the claimant Rs. 45,000/- awarded towards pain and suffering is just and proper and there is no scope for enhancement under this head.
As Rs. 21,000/- awarded by the Tribunal towards medical expenses is as per the medical bills produced by the claimant for Rs. 20,890/-, there is no scope for enhancement under this head.
He was treated as inpatient for 6 days in Sarvodaya Hospital, Mangalore. Considering the same, Rs. 15,000/- awarded by the Tribunal towards medical and incidental expenses such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
Claimant claims to have been earning Rs. 6,000/- p.m. by working in a petrol bunk, but it is not established by producing any document. Considering his age as 36 years, year of accident as 2007, his avocation as a coolie his income could easily assessed at Rs. 4,000/- p.m. Nature of injuries suggest that he must have been under treatment and rest at least for three months. Therefore a sum Rs. 12,000/- is awarded towards loss of income during laid up period as against Rs. 10,500/- awarded by the Tribunal.
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. 25,000/- awarded by the Tribunal towards loss of amenities is just and proper and there is no scope for enhancement under this head.
As per the evidence of the doctor the claimant has suffered 40% disability to left lower limb and 20% to whole body. Considering the same functional disability assessed by the Tribunal at 14% is just and proper. The multiplier applicable to the age group of the claimant is 15. Accordingly, loss of future income works out to Rs. 1,08,000/- (Rs. 4,000/- x 14% x 12 x 15) and it is awarded as against Rs. 88,200/- awarded by the Tribunal.
Considering the evidence of the doctor Rs. 25,000/- awarded by the Tribunal towards future medical expenses is just and proper and it does not call for interference.
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. 14,100/- with interest at 6% p.a. from the date of claim petition till the date of realization but excluding interest for the delayed period of 228 days in filing the appeal. 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, excluding interest for the delayed period of 228 days and the same is ordered to be released in favour of the claimant.
Sri H.C. Vrushabendraiah, learned Counsel who was directed to take notice for R2 and argued the same on behalf of R2 is permitted to file Vakalath for R2 within three weeks.
No order as to costs.