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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation.
Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition.
Brief facts of the case are:
That on 12.04.2007 when the claimant was proceeding as pillion rider on a motorcycle bearing registration No. KA-19/V-8411 from Polali temple side towards B.C. road side near Polali Rajarajeshwari temple Dwara in Kariyangala Village, Bantwal Taluk a bus bearing registration No. KA-19/6169 came from opposite side in a rash and negligent manner and dashed against the motorcycle as a result the claimant fell down and sustained injuries. Hence he filed a claim petition before MACT, D.K. Mangalore seeking compensation of Rs. 10.00000/- and the Tribunal has awarded compensation of Rs. 75,700/- with interest at 6% p.a.
As there is no dispute regarding occurrence of the accident, negligence and liability of the Insurer of the offending vehicle the only point that remains for consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned Counsel appearing 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.
The claimant has sustained the following injuries:
i) Abrasion, 5 cm x 3 cm over right lower chest;
ii) Contusion, 5 cm x 4 cm over right hip;
iii) Laceration wound, 12 cm x 7 cm x bone deep, over outer aspect of left ankle and dorsum of foot with skin loss, exposing the ankle joint;
Operation: Wound debridement & Skin grafting done on 12.04.2007 under SA.
Injuries No. 1 and 2 are simple and injury No. 3 is grievous in nature.
Injuries sustained by the claimant are evident from wound certificate Ex. P 3, discharge summary Ex. P 5, One negative photo Ex. P 10. two positive photos Ex. P 11 and P 12 and supported by oral evidence of the claimant examined as PW 1. The doctor who treated the claimant is not examined regarding the disability.
Considering the nature of injuries, Rs. 25,000/ awarded by the Tribunal towards pain and suffering is just and proper and it does not call for enhancement.
As 27,700/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant for said sum there is no scope for enhancement under this head.
The claimant was inpatient in A.J. Hospital, Mangalore for 15 days. Considering the same 6,000/-awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is on the lower side and I award Rs. 10,000/-under this head.
The claimant claims to have been earning 6,000/- p.m. by doing mason work, but the same is not established by producing document. In the absence of proof of income the Tribunal has rightly assessed the income of the claimant at 4,000/- p.m. and awarded Rs. 12,000/- towards loss of income during laid up period and there is no scope for enhancement under this head.
Even though the claimant has not examined the doctor regarding disability, besides the nature of injuries do not indicate that they will affect his future earnings and therefore awarding compensation towards loss of future income does not arise.
Considering the nature of injuries 5,000/-awarded by the Tribunal towards loss of amenities is on the lower and 1 award Rs. 10,000/- under this head.
Thus the claimant is entitled for the following compensation:
1) Pain and suffering Rs. . 25,000/- 2) Medical expenses Rs. . 27,700/- 3) Incidental expenses Rs. . 10,000/- 4) Loss of income during Laid up period Rs. . 12,000/- 5) Loss of amenities Rs. . 10,000/- Total Rs. . 84,700/-
Accordingly the appeal is allowed in part. The judgment and award of the Tribunal is modified to the extend stated hereinabove. The claimant is entitled for a total compensation of 84,700/- as against 75,700/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of 9,000/-from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation 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 cost.