AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
51 paragraphs · 858 wordsB. Sreenivase Gowda
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 appealing for the parties, it is taken up for final disposal.
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 injuries sustained by the claimant in a road traffic accident occurred on 1.8.2007 due to rash and negligent driving of the Kinetic Honda bearing registration No. KA-13-J-9349 by its rider and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
whether compensation of Rs. 64,367/- awarded by the Tribunal is just and reasonable or does it call for enhancement?
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 hence it is required to be enhanced.
The claimant has sustained the following injuries:-
a) Contusion right elbow about 3"x1" abrasion and bleeding
b) Abrasion right fore arm about 1"x1/2" with bleeding
c) Contusion on left wrist dorsal surface with bleeding 3/4"
d) Contusion with bleeding over left big toe about 1" length
e) Blunt injury about 1/2" size base of the right ring finger
f) Blunt injury over lambo sacral reason on 4"x3" size
g) Compression fracture of lambar second vertebra
h) Fracture 4th metatarsal bone in its base of left foot.
The injuries sustained by the claimant are evident from the wound certificate Ex.P-3. case sheet Ex.P-10 X-rays Exs.P-11. outpatient card Ex.P.12 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively. PW-2, doctor in his evidence has stated that the claimant has suffered disability of 40% to the whole body.
Considering the nature of injuries, Rs. 35,000/- awarded by the Tribunal towards ''pain and suffering'' is on the lower side and it is deserved to be enhanced by another Rs. 10,000/- and I award Rs. 45,000/ - under this head.
As Rs. 4,367/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bills produced by the claimant and there is no scope for enhancement under this head.
The claimant was treated as inpatient for a period of 10 days in Ramakrishna Nursing Home, Hassan. Considering the duration of treatment, Rs. 5,000/- awarded by the Tribunal towards ''incidental expenses'' such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
The claimant claims to have been working as a tailor and earning a sum of Rs. 4,000/- per month, but the same is not established by producing any documents. In the absence of proof of income, considering her age as 40 years and year of accident as 2007, her income could be assessed at Rs. 3,500/- per month. The nature of injuries suggest that she must have been under rest and treatment for a period of 4 months and therefore a sum of Rs. 14,000/- is awarded towards ''loss of Income during laid up period''.
Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in her future life, a sum of Rs. 20,000/- awarded by the Tribunal towards ''loss of amenities is just and proper and there is no scope for enhancement under this head.
The Tribunal declined to award "loss of future income" on the ground that PW-2 is not an Orthopedic Surgeon. Nevertheless, considering the nature of. injuries and its impact on her future earning, a sum of Rs. 40,000/ - is awarded towards ''permanent disability''.
Thus, the claimant is entitled for the following compensation:-
HEADS
Rs.
1
Pain and sufferings
45,000
2
Medical Expenses
4,367
3
Incidental expenses
5,000
4
Loss of income during laid up period
14,000
5
Loss of amenities
20,000
6
Permanent disability
40,000
TOTAL
1,28,367
LESS: Compensation awarded by the Tribunal
64,367
BALANCE
64,000
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. 64,000/- 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 additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, Rs. 50.000/- with proportionate interest is ordered to be invested in Fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 6 years renewable once in 3 years and with a right of option to withdraw interest periodically, Remaining amount with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit. No order as to costs.