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Judgment
B.S. Indrakala, J.—Though the matter is posted for Admission, with the consent of the learned Counsel for both parties, the same is taken up for final disposal. The above appeal is preferred against the judgment and award dated 04.01.2010 passed in MVC No. 1596/2008 on the file of Civil Judge (Sr. Dn.) & Additional MACT, Sira.
It is the case of the claimant that on 30.5.2008 at about 7.00 p.m. while she was returning to her home from the fields, in front of mini water tank on service road, Yaragunteswarnagar, Sira, the motorbike bearing registration No. KA 06/EA-5696, ridden by its rider in a rash manner came and dashed against her on account of which she sustained grievous injuries. Further it is contended that she took treatment for about 25 days as in-patient and continued follow up treatment as out- patient, but, still she is having disability and has spent Rs. 75,000/- for her medical treatment; at the time when she met with the accident; she was working as coolie earning Rs. 4,500/- p.m. and now she is not able to do any work; is permanent disabled; hence sought compensation from the owner and insurer of the said motor bike which was involved in the accident.
In the statement of objections filed by respondent No. 2 while denying the entire case of the claimant on all material aspects, it is specifically contended that the liability, if any, is subject to the terms and conditions of the policy.
To prove her case, the appellant besides examining herself as P.W.1, also examined the doctor, who assessed the disability as P.W.2 and got marked Exs. P.1 to 10. On behalf of the respondents, no evidence is adduced.
The Tribunal on appreciating the evidence placed on record, deemed it fit to award a sum of Rs. 56,200/- with interest at the rate of 6% p.a. from the date of petition till realisation.
Aggrieved by the said judgment and award, the claimant is in appeal inter-alia contending amongst other grounds that the amount of compensation as awarded is inadequate and seeks enhancement of the same.
Learned Counsel for the appellant submitted that notionally income taken at Rs. 3,000/- p.m. is too low and the same ought to have been taken at Rs. 4,500/- p.m. as claimed by the claimant; further he contended that the amount awarded under various heads is inadequate and seeks enhancement of the same. Further, he submitted that the Tribunal while calculating the loss of income on account of disability has wrongly deducted 1/3rd of the income of the claimant towards her personal expenses, which is not warranted and thus, seeks enhancement of the amount so awarded by the Tribunal.
Per contra, the learned Counsel for the respondent/insurer submitted that in the facts and circumstances of the case, the amount awarded is just and proper and the same does not require to be enhanced.
Thus it is seen that the cause of accident as well as the claimant sustaining certain injuries in the said accident are not in dispute.
As per Ex. P.2, the wound certificate, the appellant is alleged to have sustained fracture of left malleolus besides having two simple injuries and further it is seen that it is the case of the appellant that she was an inpatient for about 20 days and considering the said evidence of the Tribunal has deemed it fit to award a sum of Rs. 30,000/- towards pain and suffering and by considering the medical bills produced deemed it fit to award a sum of Rs. 1,200/- towards medical expenses which are just and proper.
Admittedly the age of the claimant as on the date of accident was 60 years and the accident occurred in the year 2008. In the circumstances, it is reasonable to assess the income of the claimant notionally at Rs. 3,500/- p.m. as against Rs. 3,000/- considered by the Tribunal. Thus considering her age, income and also percentage of disability as held by the Tribunal at 10%, which is just and proper, the claimant/appellant is entitled to be compensated towards disability at Rs. 3,500/- x 10/100 x 12 x 9 = Rs. 37,800/-.
Apart from the said amount so awarded, the claimant/appellant is also entitled to be compensated towards incidental expenses during hospitalization and laid up period and it is reasonable to award a sum of Rs. 5,000/- towards the same.
Further she is also entitled to be compensated towards loss of income for a period of 3 months at Rs. 3,500/- p.m. and accordingly, she is entitled to be compensated at Rs. 10,500/- and besides she is also entitled for a sum of Rs. 5,000/- under the heading loss of amenities.
Thus the appellant is entitled to be compensated as hereunder:
Thus the impugned judgment and award is liable to be modified and hence the following:
ORDER
The appeal is allowed in part by modifying the judgment and award dated 04.01.2010 passed in MVC No. 1596/2008 on the file of Civil Judge (Sr. Dn.) & Additional MACT, Sira by awarding the compensation of Rs. 89,500/- with interest at the rate of 6% p.a. from the date of petition till realisation as against a sum of Rs. 56,200/- awarded by the Tribunal.
The respondent/insurer shall deposit the amount so awarded within 4 weeks from the date of receipt of a copy of this judgment and on such deposit, out of the enhanced amount of Rs. 33,300/- a sum of Rs. 15,000/- with proportionate interest shall be invested in fixed deposit in the name of the claimant in any of the Nationalised Bank of her choice for a period of 5 years and the balance sum of Rs. 18,300/- with proportionate interest shall be released in favour of the claimant for her immediate necessity.
Office to draw the award accordingly.