Smt. Leelavathi vs V. Chandramohan and The Oriental Insurance Co. Ltd.

B. Sreenivase 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 disposed of finally.

For the sake of convenience 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 06-12-2008 due to rash and negligent riding of TVS Star city motor cycle bearing registration No. KA-04-EY-4732 by its rider and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:

Whether 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 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 therefore, it is deserved to be enhanced.

As per Ex. P.8 - wound certificate, claimant has sustained the following injuries;

Displaced fracture neck left femur.

Injuries sustained and treatment taken by her are also evident from Ex. P.9 - discharge summary, Exs. P.13 and 15 - x-rays, Ex. P.14 - case sheet and supported by oral evidence of the claimant and doctor examined as P.Ws. 1 and 2 respectively.

P.W.2 - Dr. P.N. Prakash in his evidence has stated, claimant has suffered disability of 30% to limb and 10% to whole body.

Considering major fracture sustained by the claimant, Rs. 35,000/- awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement under this head.

As Rs. 2,000/- awarded by the Tribunal towards medical expenses is as per bills produced by the claimant for Rs. 1,340/-, the same is just and proper.

She was treated as inpatient on three occasions for 13 days in Bangalore Baptist Hospital. Considering the same, a sum of Rs. 12,000/- awarded by the Tribunal towards incidental expenses is just and proper.

She claims to have been earning Rs. 5,000/- per month by working as a tailor. But it is not established by producing any documents. In the absence of proof of income, considering her age as 45 years and year of accident as 2008, her income is assessed at Rs. 4,000/- per month. Nature of injuries suggest, he must have been under rest and treatment for a period of six months. Considering the same, a sum of Rs. 24,000/- is awarded towards loss of income during laid up period.

Considering nature of injuries, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant has to undergo for the rest of her life, Rs. 25,000/- awarded by the Tribunal towards loss of amenities is just and proper and there is no scope for enhancement.

She is aged about 50 years The Tribunal in para 14 has observed, she must have been in the age group of 50 years. So multiplier applicable to her age group is Rs. 13''. His income is assessed at Rs. 4,000/- per month. Doctor has stated she has suffered disability of 10% to whole body. So, loss of future income works out to Rs. 62,400/- (Rs. 4,000/- x 12 x 10/100 x 13) and it is awarded as against Rs. 37,440/- awarded by the Tribunal.

A sum of Rs. 10,000/- is awarded towards future medical expenses.

Thus the claimant is entitled for the following compensation:

Rounded of to Rs. 50,000/-.

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 additional compensation of Rs. 50,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.

The Insurance Co. is directed to deposit the additional compensation amount with interest, within two months from the date of receipt of a copy of this judgment, from which 75% with proportionate interest is ordered to be deposited in FD in the name of the claimant in any nationalised or scheduled Bank for a period of 6 years, with a right of option to withdraw interest periodically and the remaining amount is ordered to be released in her favour. The Tribunal while releasing 25% of the compensation is also directed to issue F.D. slip to the claimant to enable her to withdraw the amount on its maturity without approaching the Tribunal once again. The bank in which the deposit is made is also directed to release the FD amount on its maturity without insisting for an order from the Court.

No order as to costs.