Shamlal vs The Managing Director, B.M.T.C.

N.K. Patil, J.—Admit.

This is a claimant''s appeal directed against the impugned judgment and award dated 9.06.05 passed in MVC No. 2286/02 on the file of the MACT, Bangalore. The Tribunal by the impugned judgment and award awarded compensation of Rs. 4,07,000/- with interest at 7% as against the claim of the appellant for Rs. 5,00,000/- for the injuries sustained by him in the road traffic accident. Being aggrieved by the inadequacy of compensation awarded, appellant has preferred the instant appeal seeking enhancement of compensation.

Brief facts of the case are that the appellant claims to be aged about 20 years and working as a salesman getting salary of more than Rs. 3,000/- p.m. He was hale and health prior to the accident. When things stood thus, on 29.03.02 at 4.00 p.m. when the appellant was riding the motorcycle bearing registration No.KA-2-W-9362 along with his friend one Ashok Kumar from Kadirenahalli to Yelachenahalli following the traffic rules travelling from West to East, when they reached near Dayananda Sagar College Road, at that time, the driver of the BMTC Bus bearing registration No. KA-01-F-2074 came from Northern direction and suddenly took right turn towards West direction in rash and negligent manner and dashed against appellant and a? a result, he fell down and sustained grievous head injury. As per the wound certificate he has sustained fracture of pelvis and iliac joint and there was a rupture of urinary bladder and suffered three grievous injuries. The doctor has assessed the disability at 85% to the left lower limb, 15% to the right lower limb and 55% to 60% to the whole body. On account of the said injuries, he filed claim petition and the Tribunal in turn, after appreciating the oral and documentary evidence, taking into consideration the occupation, age and income of the appellant, has awarded a sum of Rs. 4,07,000/- under different heads with costs and interest at 7% p.a. from the date of petition till payment.

Learned Counsel for the appellant at the cutset submits that the Tribunal has committed error in not awarding compensation towards loss of amenities, discomfort, loss of marriage prospects and even the compensation awarded towards loss of future income is inadequate and prays for enhancement. Having regard to the nature of injuries sustained and the permanent disability assessed by the doctor and age and occupation of the appellant, the Tribunal ought to have considered nor appreciated the material evidence and awarded reasonable compensation.

As against this, the learned Counsel for the respondent - Corporation inter alia contended substantiating the judgment and award of the Tribunal.

On careful consideration of the submissions of the learned Counsel for the appellant and the learned Counsel for the respondent - Corporation, the only point that arises for consideration in this appeal is:

Whether the compensation awarded by the Tribunal is just and reasonable?

On careful consideration of the impugned judgment passed by the Tribunal, It is seen that the Tribunal after assessing the oral and documentary evidence on record, has awarded just and reasonable compensation towards pain, agony and sufferings in a sum of Rs. 50,000/- towards conveyance, nourishing food and attendant charges at Rs. 10,000/- and towards medical expenses in a sum of Rs. 1,25,0.00/-. Hence, it does not call for interference. However, the Tribunal has erred in not awarding reasonable compensation under the head loss of income during laid up period. The compensation awarded is only Rs. 6,000/- at the rate of Rs. 2,000/- p.m. for a period of 3 months. Appellant was aged about 20 years at the time of accident and having regard to his age and occupation, it would be reasonable to assess the income of the appellant at Rs. 3,000/- p.m and loss of income during the period of treatment would come to Rs. 9,000/- (3,000 x 3 months).

The Tribunal further erred in not awarding any compensation towards loss of amenities, discomfort, unhappiness, loss of marriage prospects and future medical expenses. It is not in dispute that appellant has undergone treatment for a period of more than 16 days as inpatient in the hospital and undergone a surgery. Doctor has assessed disability at 85% to the left lower limb, 15% to the right lower limb and 55% to 60% to the whole body. Implants have been inserted which require another surgery for removal of implants. On account of the injuries sustained as referred above, it would affect his marriage prospects and this aspect of the matter has not been looked into nor awarded reasonable compensation by the Tribunal. Taking into consideration the duration and nature of treatment and nature of injuries, which require future medical expenses, we deem it fit to award a sum of Rs.40,000/- towards loss of amenities, Rs. 20,000/-towards loss of marriage prospects and Rs. 15,000/-towards future medical expenses.

The Tribunal has further erred in awarding a sum of Rs. 2,16,000/- towards loss of future income. The said compensation is insufficient and needs enhancement for the reason that the same has been awarded by assessing the income of the appellant at Rs. 2,000/- p.m. which is on the lower side. We have already assessed the income of the appellant at Rs. 3,000/- p.m. Appellant was aged 20 years and the proper multiplier applicable is ''18'' and we accept the disability to whole body at 50%, as assessed by the Tribunal. The total loss of future income would be Rs. 3,24,000/- (3,000 x 12 x 18 x 50%).

For the foregoing reasons, the instant appeal filed by the appellant is allowed in part and the judgment and award dated 09.06.2005 passed in MVC No. 2286/2002 on the file of the MACT, Bangalore is hereby modified the break-up of which is as under:

Heads Amount (in Rupees) Pain and sufferings 50,000/- Medical expenses 1,25.000/- Conveyance, nourishing food and attendant charges 10,000/- Loss of income during laid up period 9,000/- Loss of amenities 40,000/-

Loss of marriage prospects 20,000/-

Loss of future income 3,24,000/- Future medical expenses 15,000/- ---------------- Total 5,93,000/- ----------------

The appellant is entitled to compensation of Rs. 5,92.000/- as against Rs. 4,07,000/- awarded by the Tribunal. The enhanced compensation of Rs. 1,86,000/-shall carry interest at 6% p.a. from the date of petition till realisation.

The respondent - Corporation is directed to deposit the enhanced compensation amount with proportionate interest within a period of 4 weeks from the date of receipt of a copy of this judgment and award.

Out of the enhanced compensation of Rs. 1,86,000/- Rs. 1,00,000/- with proportionate interest shall be kept in a Fixed Deposit in the name of appellant in any nationalised/scheduled bank for a period of 5 years renewable by another 5 years. The appellant is at liberty to withdraw the interest periodically. The remaining Rs. 86,000/- with proportionate interest shall be released to the appellant immediately on deposit by the Corporation.

Draw the award accordingly.