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Judgment
S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 7255/2009 dated 6.4.2011 on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Bangalore, whereby the Tribunal has awarded total compensation of Rs. 1,45,200/- with interest at 6% p.a. from the date of the petition till the date of deposit. Learned counsel for the appellant/claimant submits that the claimant had sustained grievous injuries in the accident. The doctor has opined that she had sustained 18% permanent disability to the whole body. However, the Tribunal has taken the permanent disability to the whole body at 10% without any reason. She was a coolie earning Rs. 150/- per day. The tribunal has taken her income at Rs. 100/- per day for the purpose of computation of loss of future earning capacity. It is argued that claimant has produced medical bills worth Rs. 27,869/-. The Tribunal has only awarded the medical expenses in a sum of Rs. 30,000/- including transportation and other incidental expenses. She was hospitalized for 14 days. She has taken follow up treatment for 4 months. The Tribunal has not awarded appropriate compensation towards conveyance, nourishment and loss of income during the treatment period and future medical expenses.
On the other hand, learned advocate appearing for the respondent - insurance company has sought to justify the impugned judgment and award.
I have carefully considered the arguments Made at the Bar and the materials placed on record.
There is no dispute as to the occurrence of the accident and liability of the insurance company to pay the compensation. Having regard to the contentions urged, the only question for consideration is whether the award of compensation by the Tribunal is adequate?
The accident had occurred on 23.9.2009. The claimant was aged 28 years at the time of accident. She had sustained grievous injuries such as swelling tenderness, deformity of left leg and CLW on ankle aspect and sustained Type HI (A) open fracture both bones (L) leg with exterior tendon injury (L). She has taken treatment at Sanjay Gandhi Accident Hospital and Research Institute from 24.9.2009 to 7.10.2009. The Doctor has assessed the disability to the whole body at 18%. There is no reason for reduction of permanent disability to 10%. The opinion of the doctor that claimant had sustained 18% permanent disability to the whole body is accepted.
As stated above, the claimant was aged 28 years. The accident had occurred on 23.9.2009. Therefore, it is just and proper to notionally fix her income at Rs. 150/- per day. By taking income at Rs. 4,500/- per month with 18% permanent disability and with application of multiplier 17, the compensation payable towards loss of future earning capacity comes to Rs. 1,65,240/-.
Having regard to the nature of injuries sustained by the claimant, I am of the view that she is entitled for a sum of Rs. 50,000/- towards pain and suffering, Rs. 30,000/- towards loss of amenities. She has produced medical bills worth Rs. 27,829/-. A sum of Rs. 28,000/- is awarded towards medical expenses. She was hospitalized for 14 days and taken up follow up treatment for 4 months. Therefore, she is entitled for a sum of Rs. 22,500/- (5 months earning) towards loss of income during the treatment period. A sum of Rs. 20,000/- is awarded towards conveyance, food and nourishment etc. She is also entitled for Rs. 15,000/- towards future medical expenses.
Thus, the compensation payable to the claimant is reassessed as under:
The Tribunal has totally awarded Rs. 1,45,200/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for a balance compensation of Rs. 1,85,540/-. In the result, the appeal succeeds and allowed in part. The respondent-insurance company is directed to deposit a sum of Rs. 1,85,540/- with interest at 6% p.a. from the date of the application till the date of deposit within a period of eight weeks from the date of receipt of copy of this order. The claimant is permitted to withdraw the said amount on its deposit. No costs.