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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the judgment and award dated 23rd December 2004, passed in M.V.C. No. 2150/2003 on the file of the VII Additional Judge, Member, Motor Accident Claims Tribunal-3, Court of Small Causes, Bangalore (SCCH-3) (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 66,000/- with 6% interest, awarded in her favour as against her claim for Rs. 04.00 Lakhs, is inadequate.
The appellant claims to be aged about 60 years and working as coolie, earning Rs. 2,000/- per month. She was hale and healthy prior to the accident. The case of the appellant is that, at about 3.00 P.M., on 10-01-2003, when she was returning from Anekal with her daughter, after purchasing grocery items, near Shanimahatma Temple, an Auto bearing No. KA-05/A-3895 came at high speed, in a rash and negligent manner and dashed against her. As a result of the same, she sustained fracture of left femur and other injuries. She was treated in Anekal Government Hospital and Victoria Hospital. It is her case that she has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated reasonably.
On account of the injuries sustained in the accident, the appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 04.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 23rd December 2004. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 66,000/- with interest at 6% per annum from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.
We have heard learned Counsel for appellant and learned Counsel for Insurance Company for considerable length of time.
After careful perusal of the impugned judgment and award passed by the Tribunal, we are of the considered view that the Tribunal, after assessing the oral and documentary evidence available on file, has rightly awarded compensation of Rs. 20,000/- towards pain and sufferings, Rs. 5,000/- towards medical expenses, Rs. 5,000/- towards conveyance, nourishing food and attendant charges, Rs. 6,000/- towards loss of income during treatment period, Rs, 10,000/- towards loss of amenities and Rs. 5,000/- towards future medical expenses. Therefore, it does not call for interference.
However, the Tribunal has erred in not awarding any compensation towards loss of future income, but awarded a sum of Rs. 15,000/- towards disability. Admittedly, the appellant was aged about 60 years and a coolie, earning a sum of Rs. 2,000/- per month. In view of the injuries sustained in the accident, at this age, definitely, she cannot do her work as she was doing prior to the accident. The Doctor has assessed the whole body disability at 20%, which she has to endure through out her life. The proper multiplier in this case is ''9'' as per the Apex Court decision in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . Accordingly, we award a sum of Rs. 43,200/- towards loss of future income as against Rs. 15,000/- awarded by Tribunal towards disability.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part. The impugned judgment and award dated 23rd December 2004, passed in M.V.C. No. 2150/2003 on the file of the VII Additional Judge, Member, Motor Accident Claims Tribunal-3, Court of Small Causes, Bangalore (SCCH-3) is hereby modified, awarding a sum of Rs. 43,200/- towards loss of future income as against Rs. 15,000/- awarded by the Tribunal towards disability, with interest at 6% per annum on the enhanced sum, from the date of petition till the date of realization.
The appellant is entitled to enhanced compensation of Rs. 28,200/- with interest at 6% per annum from the date of petition till the date of realization. It is made clear that the compensation awarded by Tribunal under all the other heads remains undisturbed.
The Insurance Company is directed to deposit the enhanced compensation of Rs. 28,200/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, the entire sum shall be released in favour of the appellant, immediately.
Office to draw award, accordingly.