Sri G. Kempaiah vs Smt. Puttalakshmi

S. Abdul Nazeer, J.—This appeal is directed. against the judgment and award in MVC No. 2809/2001 dated 14.2.2005 on the file of the Prl. MACT & Chief Judge, Court of Small Causes. Bangalore. The appellant was the claimant before the Tribunal and the respondents were the owner and the insurer of the offending vehicle. There is no dispute as to the occurrence of the accident and the liability of the second respondent-Insurance Company to pay the compensation.

Learned counsel for the appellant would contend that the Doctor, who was examined as PW-4 has stated that the claimant had suffered 45 % permanent disability to the left lower limb and 20 % disability to the whole body. The claimant was aged about 50 years and the accident had occurred on 17.6.2001, the Tribunal has awarded compensation in a sum of Rs. 20,000/- towards disability instead of awarding suitable compensation towards loss of future income. The claimant was a businessman and was earning more than Rs. 5,000/- per month. The award of compensation under other heads is also on a lower side.

On the other hand, the learned counsel appearing for the second respondent-Insurance Company has sought to justify the impugned judgment and award.

We have carefully, considered the arguments made by the learned Counsel at the Bar and perused the records of the Tribunal, so also the impugned judgment and award.

It is evident from the evidence of the Doctor, who was examined as PW-4 that the claimant had suffered 45 % permanent disability to the left lower limb. Having regard to the evidence of the Doctor and other materials on record, it is just: and proper to assess the permanent disability at 15 % to the whole body. He was aged 50 years at the time of the accident and the multiplier applicable to the case was 13. It is also just and reasonable to hold that he was earning Rs. 3,000/- per month. If that is so, the claimant is entitled for a sum of Rs. 70,200/.- (15% of Rs. 3,000/- x 12 x 13) towards loss of future income on account of the disability. We are also of the view that the claimant is entitled for Rs. 25,000/-towards pain and sufferings, Rs. 10,000/- towards medical expenses, Rs. 20,000/- towards loss of amenities, Rs. 5,000/-towards incidental expenses Rs. 9,000/- towards loss of income during the treatment period. Thus, the claimant is entitled for a sum of Rs. 1,39,200/- towards compensation. The Tribunal has awarded a sum of Rs. 50,000/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for an additional compensation of Rs. 39,200/- in addition to what has been awarded by the Tribunal. The enhanced compensation shall carry interest at 6 % pa. from the date of the application till the date of deposit.

In the result, we pass the following:

ORDER

(1) The appeal is allowed in part.

(2) The second respondent - Insurance Company is directed to deposit a sum of Rs. 89,200/- towards compensation in addition to what has been awarded by the Tribunal with interest at 6 % on the said sum from the date of the application till the date of deposit within eight weeks from the date of receipt of the copy of this order. The Tribunal is directed to disburse the said amount to the claimant on its deposit. No costs.