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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard. Appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is disposed of finally.
For 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 27-4-07 due to rash and negligent driving of bus bearing registration No. KA-20-A-6076 by its driver and liability of the insurer of the offending vehicle, the only point that, remains for my consideration in the appeal is:
Whether compensation of Rs. 88,100/ awarded by the Tribunal with interest at 8% p.a. is just and reasonable 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 reasonably it is on the lower side and therefore, it is deserved to be enhanced.
As per Ex.P. 4 - wound certificate, claimant had sustained the following injuries:
i) Open head injury with right side CSF otorrhoea.
ii) Fracture of right emporal bone.
iii) Abrasion over posterior aspect of right elbow.
iv) Sutured wound over scalp.
v) Swelling over right temporal region.
Injuries sustained and treatment taken by her are also evident from discharge summary - Ex.P.8 and supported by oral evidence of the claimant and doctor examined as P.Ws. 1 and 3 respectively.
Considering nature of injuries, Rs. 40.000/-awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement under this head.
As Rs. 16.669/- awarded by the Tribunal towards medical allowances is based on medical bills produced by the claimant for Rs. 16.570/-, the same is just and proper and there is no scope for enhancement.
She was treated as inpatient for 6 days in KMC Hospital, Manipal, from 27-4-07 up to 2-5-07. She has produced Ex.P.6 ambulance bills and Ex.P.7 - receipts of attendant charges to show that she paid an amount of Rs. 2,000/- towards conveyance and Rs. 18,000/-towards attendant, charges and Ex.P.9 - Leave Certificate for having availed leave of 41 days. The author of Exs. P.6 and P.7 is not examined. Considering the nature of injuries and duration of treatment, a sum of Rs. 20,000/- towards medical and incidental expenses as against Rs. 13.000/- awarded by the Tribunal under this head.
She is an employee of MESCOM and has produced Ex.P.9 to show that she has availed leave of 41 days for treatment and has produced salary certificate - Ex.P.10 to show that she was drawing a salary of Rs. 8,328/- per month. Therefore, a sum of Rs. 12,750/- is awarded towards loss of income during laid up period.
Claimant after sustaining injuries in the accident has continued her employment in MESCOM and there is no loss of employment and therefore awarding compensation towards loss of future income does not arise.
P.W.3 - doctor has not stated anything about disability sustained by the claimant. Considering nature of injuries, justice would be met if a sum of Rs. 25,000/ is awarded towards loss of amenities and disability as against Rs. 10,000/- awarded by the Tribunal and it is awarded.
Thus the claimant is entitled for the following compensation:
I)
Pain and suffering
Rs. 40,000/-
2)
Medical expenses
Rs. 16,600/-
3)
incidental expenses
Rs. 20,000/-
3)
Towards loss of income during laid up period
Rs. 12,750/-
4)
Towards loss of amenities
Rs. 25.000/-
Total
Rs. 1,14,350/-
Less compensation awarded by the Tribunal
Rs. 88,100/-
Additional compensation comes to Rs. 26,250/-
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. 26,250/- 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, and the same is ordered to be released in favour of the claimant.
No order as to costs.