Sri Giddegowda vs Devarajegowda and The Oriental Insurance Co. Ltd.

S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 864/2010 dated 9.3.2011 on the file of the Fast Track Court and Addl. MACT at Hassan., whereby the Tribunal has awarded total compensation of Rs. 86,000/- with interest at 6% p.a. from the date of the petition till the date of deposit. Learned counsel for the appellant/claimant submits that the claimant had sustained 32% disability to the right upper limb. The Tribunal has taken permanent disability to the whole body at 6%. It is argued that the claimant was aged 42 years at the time of the accident. He was doing agriculture and earning more than Rs. 8,000/- per month. However, the Tribunal has taken Rs. 4,000/- per month for the purpose of computation of loss of future earning capacity. He further submits that the compensation awarded under other heads is inadequate.

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 26.1.2010. The claimant was aged 42 years. The Doctor in his evidence states that the claimant had sustained 32% permanent disability to the right upper limb. Therefore, the Tribunal has taken 7% permanent disability to the whole body. The claimant has not established that he was earning Rs. 8,000/- per month. It is just and proper to hold his income at Rs. 4,500/- per month. By taking his income at Rs. 4,500/- per month with application of multiplier 14 and 7% permanent disability, the compensation payable towards loss of future earning capacity comes to Rs. 52,920/-. The award of compensation towards pain and suffering and medical expenses a sum of Rs. 25,000/- and Rs. 5,000/- is just and proper. The claimant is entitled for a sum of Rs. 15,000/- towards loss of amenities and Rs. 10,000/- towards conveyance, nourishment etc. The claimant is also entitled for a sum of Rs. 13,500/- (3 months earning) towards loss of earning during the treatment period.

Thus, the compensation payable to the claimant is reassessed as under:

The Tribunal has totally awarded Rs. 86,000/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for a balance compensation of Rs. 35,420/-. In the result, the appeal succeeds and allowed in part. The respondent-insurance company is directed to deposit a sum of Rs. 35,420/- 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.