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Judgment
S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 4026/2009 dated 2.11.2010 on the file of the Motor Accident Claims Tribunal & V Additional Judge, Court of Small Causes, Mayohall Unit, Bangalore, whereby the Tribunal has awarded total compensation of Rs. 1,81,507/- with interest at 6% p.a. from the date of the petition till the date of deposit. Learned Counsel for the appellant/claimant would contend that the claimant had sustained 20% permanent disability to the whole body. The Tribunal has taken 5% disability without any justification. He was earning more than Rs. 10,000/- per month by working as a consultant in Oracle Financial Software Services. However, the Tribunal has taken his income at Rs. 5,000/-. He was hospitalized for seven days. The Tribunal has not awarded any compensation towards loss of amenities. It is argued that the compensation awarded under all the other heads is on the lower side.
On the other hand, learned advocate appearing for the respondent - insurance company has sought to justify the impugned judgment and award.
I have carefully considered the arguments made at the Bar and the materials placed on record.
There is no dispute as to the occurrence of the accident and liability of the insurance company to pay the compensation. Having regard to the contentions urged, the only question for consideration is whether the award of compensation by the Tribunal is adequate?
The accident had occurred on 13.3.2009. The claimant was aged 27 years. The claimant contends that he was working as a consultant and earning Rs. 10,000/- per month. He has produced Ex. P9 certificate in order to prove the said contention. However, the said certificate has not been supported by any other documents like Master roll, salary slip or pass book etc. Therefore, the tribunal has taken his income as Rs. 5,000/- per month, which is just and proper.
The doctor in his evidence has deposed that the claimant had sustained 20% disability. The Tribunal has taken 5% disability to the whole body. Having regard to the medical evidence on record, it is just and proper to take 10% permanent disability to the whole body. By taking his income at Rs. 5,000/- per month with application of multiplier 17 and 10% permanent disability, the compensation payable towards loss of future earning comes to Rs. 1,02,000/-.
I am of the view that the claimant is entitled Rs. 40,000/- towards pain and suffering; Rs. 20,000/- towards loss of amenities; Rs. 15,000/- (3 months earning towards loss of earning during the treatment period); a sum of Rs. 10,000/- towards food, conveyance and nourishment. Award of medical expenses in a sum of Rs. 90,000/- is just and reasonable.
Thus, the compensation payable to the claimant is reassessed as under:
The Tribunal has totally awarded Rs. 1,81,507/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for a balance compensation of Rs. 95,493/-. In the result, the appeal succeeds and allowed in part. The respondent-insurance company is directed to deposit a sum of Rs. 95,493/- with interest at 6% p.a. from the date of the application till the date of deposit within a period of eight weeks from the date of receipt of copy of this order. The claimant is permitted to withdraw the said amount on its deposit. No costs.