Shanthamma vs Y.S. Thimmappa and Divisional Controller K.S.R.T.C.

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.

As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 04.02.2008 due to rash and negligent driving of offending K.S.R.T.C. bus bearing No. KA-18-F-0206 by its driver and liability of the K.S.R.T.C., the only point that arises for my consideration in the appeal is:

Whether quantum of compensation 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, I am of the view, the quantum of compensation awarded by the Tribunal is on the lower side, therefore deserves to be enhanced.

As per Ex. P29 - wound certificate the claimant has sustained fracture of right clavicle and T12 vertebra, which is grievous in nature and other injuries are simple in nature. They are also supported by the oral evidence of the claimant and doctor examined as PWs 12 and 18 respectively. PW 18 Dr. K.P. Hebbar, an Orthopedic Surgeon, J.C. Hospital, Arasikere, has stated in his evidence that claimant has suffered 20 to 22% permanent disability to the upper limb.

Considering the nature of injuries sustained by the claimant, Rs. 20,000/- awarded by the Tribunal towards pain and suffering is just and proper and does not call for enhancement under this head.

Claimant has not produced any bills regarding the amount spent towards medical expenses. She was treated by conservative method as outpatient. Considering the same, a sum of Rs. 3,000/- is awarded towards medical and incidental expenses such as conveyance, nourishment and attendant charges.

In the absence of proof of her income, considering her age as 42 years, the year of accident as 2008, her avocation as coolie, her income is assessed at Rs. 4,000/- per month. Nature of injuries suggests that she must have been under treatment and rest at least for more than 2 months. Considering the same Rs. 8,000/- is awarded towards loss of income during laid up period.

Considering the disability stated by the doctor and certain amount of discomfort and unhappiness which the claimant has to undergo for the rest of her life, a sum of Rs. 10,000/- is awarded towards loss of amenities.

Considering the evidence of the doctor that the claimant has suffered permanent disability of 20 to 24% to the upper limb and the whole body disability comes to 8% which disability may not have any impact on the future earning of the claimant. Therefore, justice would be met if a sum of Rs. 15,000/- is awarded towards permanent disability.

Thus the claimant is entitled for the following compensation:

Accordingly the appeal is allowed in part and the claimant is entitled for an additional compensation of Rs. 31,000/- with interest at 6% p.a. from the date of claim petition till the date of realization. The K.S.R.T.C. - 2nd respondent is directed to deposit the additional compensation amount with interest, within two months from the date of receipt of a copy of this judgment, from which 75% with proportionate interest is directed to be invested in favour of the claimant in F.D. in any Nationalized/Schedule Bank or Post Office for a period of three years. Remaining amount is ordered to be released in favour of the claimant. The Tribunal while releasing the remaining compensation is also directed to issue F.D. slips to the claimant to enable her to withdraw the amount on its maturity without approaching the Tribunal once again. The concerned Bank also is directed to release the F.D. amount on its maturity without insisting for an order from the Tribunal.

No orders as to cost.