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Judgment
K.L. Manjunath, J.—The Appellant being not satisfied with the compensation awarded to him by MACT, Bangalore in MVC 5846/2005 dated 12.08.2006 passed by the MACT, Bangalore, has filed the present appeal seeking enhancement. The appellant, who was a student of Diploma in Animation Engineering at Nitte Institute of Technology, Yelahanka, in a road traffic accident occurred on 07.08.2005 at about 7.45 a.m., on Airport Road, Bangalore sustained the following injuries:
Posterior dislocation of right hip, fracture of acetabulum of right hip joint, communited fracture of tibia and fibula of right leg, disruption of the upper right tibia fibular joint, sciafic nerve injury resulting in foot drop, wide gaping injury to right knee, fracture of lateral condylar of right tibia and femur and other lacerated wounds all over the body.
He had taken treatment at H.A.L. Hospital, Bangalore as an in-patient from. 07.08.2005 to 21.09.2005. Again he was admitted to the same hospital on 09.11.2005 and was there as an in-patient till 23.11.2005. Further he has taken treatment at Chinmaya Mission and Bhagavan Mahaveer Jain Hospital. PW-2, the Doctor who has treated the appellant has assessed the disability to his right lower limb at 70% and 25% to the whole body. On account of the injury, he could not prosecute his studies and lost an academic year. The Tribunal considering the nature of injuries sustained by him and period of hospitalization, awarded a sum of Rs. 90,000/- under the head ''Pain and Suffering'', a sum of Rs. 4,000/-towards Medical Expenses, Rs. 6,0000/- towards Conveyance, nourishment and attendant charges, a sum of Rs. 50,000/- towards Loss of Amenities in life, thus in all, a sum of Rs. 1,50,000/- has been awarded as a compensation.
Being not satisfied with the same, the present appeal is filed for enhancement.
The main contention of the appellant''s counsel before us is that the Tribunal did not consider the Future Loss of Income wherein the Right Lower Limb of the appellant has been affected by 70% and the Tribunal did not award a compensation towards Future Medical Expenses as he has to undergo two more surgeries, one for correction of foot drop and another for removal of implants. Therefore he request the Court to award compensation under these two heads.
Mr. B.C. Seethamarama Rao, Learned counsel for the respondent contends that the compensation awarded by the Tribunal is just and proper and does not call for any interference.
Having heard the counsel for the parties and on perusal of the evidence on PW-2, we are of the opinion that the Appellant has to undergo surgery for correction of foot drops. Even though, PW-2 stated that the Appellant has to undergo two more surgeries for removal of implants and foot drop correction, the Appellant has not undergone such surgery as of now. We have to consider the probable expenditure for correction of the foot drops. Therefore under this head, we are inclined to award a sum of Rs. 20,000/- The Tribunal has not awarded: any compensation towards future Loss of Income. Even if the claimant to considered as a non-earning member, the income of such person has to be considered as Rs. 15,000/- per annum. If we consider the functional disability of right lower limb, 1/3rd has to be considered as disability. If it is so, the Future Loss of Income hoe to be assessed at Rs. 5,000/- per annum and by applying the multiplier of 18, we have to award a sum of Rs. 90,000/- towards Future Loss of Income. In the result, for the foregoing reasons, we make the following :
ORDER
(i) The appeal is allowed in part.
(ii) The appellant it entitled for a further sum of Rs. 1,10,000/- as en enhanced, compensation in addition to what has been awarded by the Tribunal with interest at 6% per annum.
(iii) Out of the enhanced compensation, a sum of Rs. 75,000/- with interest accrued thereon shall be deposited in the name of the appellant for a period of five years and he is entitled to withdraw the periodical interest. Rest of the amount be released to the appellant.