Shobaraj vs The Managing Director, K.S.R.T.C. Division

B. Sreenivas Gowda, J.—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 appearing 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 certain injuries sustained by the claimant in the road traffic accident that occurred on 21.01.2010 due to rash and negligent driving of KSRTC bus bearing registration No. KA-40-F-183 by its driver and liability of the corporation, the only point that arises for my consideration in the appeal is:

"Whether the compensation of Rs. 67,000/- awarded by the Tribunal is just and reasonable or does it call for enhancement?" 5. After hearing the learned counsel appearing for 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.

As per Ex.P5-wound certificate, Ex.P.6-Discharge summary and Ex.P.14-X-ray, the claimant had sustained fracture of medial condyle of right femur, fracture of both bones of upper 1/3 right leg and other two simple injuries.

The injuries sustained are also corroborated by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively. PW-2 in his evidence has stated, the claimant has suffered disability of 29% to right lower limb and 14.5% to whole body.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 55,000/- is awarded towards ''Pain and Sufferings'' as against Rs. 25,000/- awarded by the Tribunal.

As Rs. 10,000/- awarded by the Tribunal towards ''medical expenses'' is as per medical bills and prescriptions produced by the claimant, the same is just and proper and there is no scope for enhancement under this head.

He was treated as inpatient for eight days in Victoria Hospital. Considering the same, a sum of Rs. 5,000/- is awarded towards ''Incidental expenses'' such as conveyance, nourishment and attendant charges.

The claimant claims to be earning Rs. 4,000/- p.m. by working as a watchman. Considering his age as 55 years and year of accident as 2010 and avocation as watchman, his income is assessed at Rs. 4,000/- p.m. as against Rs. 3,500/- p.m. assessed by the Tribunal. The nature of injuries suggest that he must have been under rest and treatment for a period of 6 months. Therefore, a sum of Rs. 24,000/- is awarded towards ''loss of income during laid up period''.

Considering the nature of injuries sustained and disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 30,000/- is awarded towards loss of amenities'' as against Rs. 25,000/- awarded by the Tribunal.

Doctor has stated that the claimant has suffered disability of 29% to right lower limb and 14.5% to whole body. So, the disability caused to whole body can be taken at 12%. His income is assessed at Rs. 4,000/- per month, the multiplier applicable to his age group is ''11''. Therefore, the loss of future income'' works out to Rs. 63,360/- (4,000 x 12/100 x 12 x 11) and it is awarded.

Thus, the claimant is entitled for the following compensation:--

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. 1,20,360/- with interest at 6% p.a. from the date of claim petition till the date of realization.

The Corporation 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, 75% of the amount with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Gramina Bank for a period of 5 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.

The Tribunal while releasing 25% of the amount, is directed to issue the fixed deposit slips, so as to enable the claimant to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.

No order as to costs.