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Judgment
B. Sreenivase Gowda
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 injuries sustained by the claimant in a road traffic accident occurred on 14.3.2007 due to rash and negligent driving of the offending indica car bearing registration No. KA-03-C-2733 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is.
whether compensation of Rs. 90,300/- 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 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.
The claimant has sustained fracture of talus of left foot and dislocation of tarsal bone. The injuries sustained by the claimant are evident from the wound certificate Ex.P-6, discharge summary Ex.P-9 & 10, case sheet Ex.P-14 & 15, X-rays Exs.P-13 & 16 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively, PW-2, doctor in his evidence has stated that the claimant has suffered dislocation as well as comminuted fractured of navicular bone of the left leg and has suffered disability of 15% to the whole body.
Considering the nature of injuries, Rs. 35,000/- awarded by the Tribunal towards ''pain and suffering'' is on the lower side and it is deserved to be enhanced by another Rs. 5,000/- and I award Rs. 40,000/- under this head.
As Rs. 3,300/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bills produced by the claimant and there is no scope for enhancement under this head.
The claimant was treated as inpatient for a period of 10 days in Santhosh Hospital, Bangalore. Considering the duration of treatment, Rs. 10,000/-awarded by the Tribunal towards ''incidental expenses'' such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
The claimant claims to be a tailor and earning a sum of Rs. 5,000/- per month, but the same is not established by producing any documents. In the absence of proof of income, considering her age as 54 years end year of accident as 2007, her income could be assessed at Rs. 3,500/- per month as against Rs. 3,000/- p.m. assessed by the Tribunal, The nature of injuries suggest that she must have been under rest and treatment for a period of 4 months and therefore a sum of Rs. 14,000/ - is awarded towards lose of income during laid up period'' as against Rs. 9,000/- awarded by the Tribunal.
Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in her future life, a sum of Rs. 15,000/- is awarded towards ''loss of amenities'' as against Rs. 10.000/- awarded by the Tribunal.
The claimant is aged about 54 years at the time of accident, and the multiplier applicable to her age group is 11. Her income is assessed at Rs. 3,500/- p.m. PW-2, doctor to his evidence has stated that claimant has suffered disability of 15% to the limb. So the disability caused to the whole body is 1/3rd of the disability caused to the limb, which comes to 5%. Therefore, the ''loss of future income'' works out to Rs. 23,100/- (3000 x 12 x 11 x 5/100) and it is awarded as against Rs. 18,000/- awarded by the Tribunal.
Thus, the claimant is entitled for the following compensation:-
HEADS
Rs.
1.
Pain and sufferings
40,000
2.
Medical Expenses
8,300
3.
Incidental expenses
10,000
4.
Loss of income during laid up period
14,000
5.
Loss of amenities
15,000
6.
Loss of future income
23,100
TOTAL
1,10,400
LESS: Compensation awarded by the Tribunal
90,300
BALANCE
20,100
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. 20,100/- with interest at 6% p.a. from the date of claim petition till the date of realisation. The Insurance Company 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, Rs. 15,000/- with proportionate interest is ordered to be invested in fixed deposit to the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 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 immediately after the deposit.
No order as to costs.