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Judgment
Ravi Malimath
Aggrieved by the Judgment & award dated 21-01-2009 passed in MVC.No. 3602/2007 by the XIX Additional SCJ & Member, MACT, Bangalore, the claimant has filed this appeal seeking enhancement. The case of the claimant is that on 6-5-2007 at about 8.05 p.m. on Residency Road, Mayo Hall bus stop, Bangalore, when she was boarding the bus bearing No. KA-01-FA- 869 the driver of the bus negligently moved the bus as a result of which she fell down from the bus and the bus ran over her left leg. She sustained grievous injuries on her left leg. She took treatment at Hosmath Hospital and Prisitine Hospital by incurring huge amounts of money. Thereafter a claim Petition was filed claiming compensation of Rs. 30,00,000/-. The Tribunal by the impugned Judgment and award granted compensation of Rs. 6,15,520/- with interest @ 6% p.a. on Rs. 5,40,520/-from the date of the Petition till realization, since the balance was the amount awarded towards future medical expenses. The counsel for the claimant submits that the quantum of compensation is inadequate and the same requires to be enhanced.
The counsel for the respondent is absent.
The Doctor P.W.3 has treated the claimant in Hosmath Hospital as well as in Pristine Hospital. He has stated that the claimant has suffered crush injuries on the left leg till the feet exposing the joint, tibia and fibula, near total amputation of left ankle, with contamination present. Dorsalis pedis artery and anterior Tibia artery and continued fracture of lower and left Tibia and continued fracture of lower end of left fibia. That the injuries are grievous in nature. She was inpatient in Hosmath Hospital for 11 days and in Prisitine Hospital for 8 days. The Doctor has stated in his evidence as follows:-
She cannot stand, walk or move on her own. She requires the help of attender for support even to stand. She cannot sit for long. She cannot do anything on her own. Finds difficulties in attending to routine daily activities of life. She requires constant supervision and care. She can move only with the walker or in the wheel chair. She cannot work as tailor. She gets severe pain over left knee, ankle, leg and foot. She cannot bear weight on her left leg and even partial weight bearing causes severe pain. She cannot stand or walk independently.
Based on my above findings I am of the opinion that the patient is suffering from a permanent disability of 90% of left lower limb and 36% to the whole body.
The Tribunal awarded the compensation as follows:-
Pain & Suffering
Rs. 70,000/-
Future earnings
Rs. 1,55,000/-
Attendant Charges & Food Nourishments
Rs. 20,000/-
Conveyance & incidental
Rs. 10,000/-
Medical Expenses
Rs. 2,05,000/-
Future Medical Expenses
Rs. 75,000/-
Disfigurements
Rs. 30,000/-
Loss of income during the Treatment period
Rs. 20,000/-
Loss of future comfort and Amenities
Rs. 30,000/-
Total
Rs. 6,15,520/-
The evidence of the Doctor would clearly indicate that the left leg cannot be used at all. She cannot do work on her on. Even the routine daily activities cannot be done by her except with the help of an attendant. Keeping in view the nature of the injury sustained I''am of the considered view that the compensation awarded requires to be enhanced.
The medical expenses awarded is a sum of Rs. 75,000/-, on the basis of the medical bills produced. The claimant has produced the additional document for having paid a sum of Rs. 54,255/- at Prisitine Hospital. The bill was not produced for consideration before the Tribunal. Accordingly the said sum is awarded. For loss of income during the period of treatment a sum of Rs. 20,000/- is awarded. I find this amount inadequate. She has been an inpatient for almost 19 days and the nature of he injuries should have taken atleast 6 months to recover. Therefore, a sum of Rs. 40,000/- would be adequate towards loss of income during the period of treatment. So far as future earnings is concerned even assuming that the income of Rs. 3,000/- per month and that she was aged 44 years, the appropriate multiplier would be 14, In terms of the Doctor''s evidence she has suffered a total disability. The Doctor has opined 6% to 36% disability of the whole body and disability of 90% of the left lower limb. Since the claimant has stated to be a tailor by profession and the leg is required for her day to day work it would be just and appropriate to take the disability of the claimant at 70%. (Rs. 3,000 x 12 x 15 x 70/100), which comes to Rs. 3,78,000/-. Since the Doctor has opined that she requires assistance even for her day today activities I''am of the considered view that a global sum of Rs. 30,000/- be awarded towards attendant''s charges. Hence, the compensation awarded is in the following terms:-
Pain and suffering
Rs. 1,00,000/-
Loss of comforts & future Happiness
Rs. 50,000/-
Future Medical expenses
Rs. 1,29,255/-
Loss of income during the Period of treatment
Rs. 40,000/-
Loss of future earnings
Rs. 3,78,000/-
Attendant Charges
Rs. 30,000/-
Total
Rs. 7,27,255/-
The total amount of enhanced compensation of Rs. 1,11,735/- (Rs. 7,27,255/- -6,15,520/-), with interest at 6% from the date of the Petition till realisation on Rs. 57,400/- (Rs. 6,73,000/- - Rs. 6,15,520/-) which shall be paid within 8 weeks from the date of the receipt of a copy of this order.