Smt. Haseena vs The Oriental Insurance Co. Ltd.

B. Sreenivase Gowda, J.—This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.

For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

Brief facts of the case are:

That on 02.12.2006. when the claimant was traveling in a car bearing registration No. KA-02-P-5027 from Bangalore to Hassan on NH 48 road, near Kadabahalli, a tanker lorry bearing registration No. AP-10-T-5677 came from opposite direction, with high speed in a rash and negligent manner and dashed against the car, as a result, the claimant sustained injuries. Hence, she filed a claim petition before the MACT, Kunigal, seeking compensation of Rs. 10,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. 94,300/-with interest at 6% p.a. on Rs. 86.800/-.

As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:

Whether the quantum of compensation awarded by the. Tribunal is just and proper or does it call for enhancement?.

After hearing the learned Counsel for the parties and perusing the award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced.

As per wound certificate Ex. P 5 the claimant has sustained the following injuries:

1) Sutured wound over forearm;

2) Fracture of radial bone;

3) Fracture of stolid process of ulna.

Injuries sustained by her are also evident from discharge summary Ex.P.7. Scanning report Ex. P 8, X-rays Ex. P 9, P 13 and P 17, case record Ex P 10, OPD card Ex. P 15, case sheet Ex. P 16 and supported by oral evidence of the claimant and doctor examined as P. Ws.1 and 2 respectively. PW 2 Dr. H.P. Shanthakumar of Mallige Hospital has stated that as per the disability assessment made by Doctor S. Muttu Orthopedic Surgeon there is permanent physical disability of light wrist around 8%. He further stated that he examined the claimant on 13.02.2008 and found the claimant is not able to rotate her right wrist.

Considering the nature of injuries, Rs. 25,000/-awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another sum of Rs. 5,000/- and I award Rs. 30,000/-under this head.

As Rs. 37,000/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant, for Rs. 36,868/-, the same is just and proper and therefore, it does not call for enhancement.

Claimant was treated as inpatient for 8 days in Mallige hospital, Bangalore. Considering the same, Rs. 5.800/- awarded by the Tribunal towards incidental expenses is just and proper and it does not call for enhancement.

Claimant claims to have been working as teacher in tailoring and embroidery and earning Rs. 10,000/-per month, but the same is not established. In the absence of proof of income, her income is assessed at Rs. 3,000/- p.m. as against. Rs. 2,000/- per month assessed by the Tribunal. Nature of injuries suggests that she must have been under treatment and rest at least for a period of three months and I award Rs. 9,000/- towards loss of income during laid up period as against. Rs. 4,000/- awarded by the Tribunal.

Considering the nature of injuries, disability stated by the doctor, an amount of discomfort and unhappiness she has to undergo in her future life, Rs. 15,000/- awarded by the Tribunal towards loss of amenities is on the lower side and it is deserved to be enhanced by another sum of Rs. 15,000/- and I award Rs. 30,000/- towards loss of amenities, disability and future earning.

Considering the evidence of the doctor Rs. 7,500/-awarded by the Tribunal towards future medical expenses is just and proper and it docs not call for enhancement.

Thus the claimant is entitled for the following compensation:

1) Pain and suffering Rs. 30,000/- 2) Medical expenses Rs. 37,000/- 3) Incidental expenses Rs. 5,800/- 4) Towards loss of income during laid up period Rs. 9,000/- 5) Towards loss of amenities Rs. 30,000/- 6) Future medial expenses Rs. 7,500/- _______________ Total Rs.1,19,300/- ________________

Accordingly the appeal is allowed in part and the judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 1,19,300/- as against Rs. 94.300/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 25.000/-from the date of claim petition till the date of realization.

The Insurance Company is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment.

Out of the enhanced compensation 50% with proportionate interest is ordered to be invested in F.D. in any nationalized or scheduled Bank in the name of the claimant for a period of 3 years and the remaining amount with proportionate interest is ordered to be released in her favor.

No order as to costs.