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Judgment
S. Abdul Nazeer, J.—This appeal is directed against the judgment and award in MVC No. 956/2005 dated 29.3.2007 on the file of the Motor Accident Claims Tribunal, Bangalore. The appellant was the claimant before the Tribunal and the respondents were the insurer and the owner of the offending vehicle. There is no dispute as to the occurrence of the accident and the liability of the first respondent - Insurance Company to pay compensation. The appellant has filed this appeal seeking enhancement of compensation.
I have heard the learned Counsel for the parties.
Learned Counsel for the appellant would contend that thought the claimant had suffered 18% permanent disability to the whole body, the Tribunal has not awarded compensation towards loss of future income. The claimant was aged about 45 years at the time of the accident and he was earning more than Rs. 3,000/ - per month. The accident had occurred on 9.1.2005. It is further contended that the compensation awarded on all other heads is on a lower side.
On the other hand, learned Counsel appearing for the first respondent-Insurance Company has sought to justify the impugned judgment and award.
it is clear from the evidence on record that the claimant had suffered 18% permanent disability to the whole body. The claimant in his evidence has stated that immediately after the accident, he was shifted to Nelamangala Government Hospital. X-rays taken would reveal fracture of lower end of left tibia, fracture of right elbow joint, fracture of left clavicle and other injuries such as abrasion over right knee joint. He was discharged from the hospital on 17.1.2005 and again admitted to Sanjaya Gandhi Hospital, Bangalore. He was an inpatient in the said hospital for 3 days. After discharge, he took follow up treatment as per the advice of the Doctor. Ex.P4 is the wound certificate issued by the Nelamangala Government Hospital, which discloses that the claimant had sustained the aforesaid injuries. The Doctor in his evidence has deposed that three injuries were serious in nature and one injury was simple in nature. Ex.P8 is the x-ray. The Doctor has further deposed that the claimant had suffered 39% disability to the left lower limb and 15% to the right upper limb and 18% to the whole body. Having re-appreciated the evidence on record, I am of the view that the Tribunal has not awarded adequate compensation. In fact, the Tribunal has awarded global compensation of Rs. 1,50,000/ -. Since the claimant had sustained 18% permanent disability to the whole body, he is entitled for a total sum of Rs. 90.720/ -, which is rounded off to Rs. 90,000/ - towards loss of future earning taking 14 as the multiplier as he was aged 45 years at the time of the accident and taking into account his income at Rs. 3,000/ - per month. I am also of the view that it is just and proper to award a sum of Rs. 30,000/ - towards pain and suffering, Rs. 25,000/ - towards loss of amenities, Rs. 30,000/ - towards medical expenses, Rs. 10,000/ - towards other incidental expenses and Rs. 9,000/ - towards loss of income for three months during the treatment period. Thus, the claimant is entitled for the compensation as under:
Sl. No. Particulars Amount 1 Towards loss of future earning capacity Rs. 90,000.00 2 Towards pain and sufferings Rs. 30,000.00 3 Towards loss of income during the Rs. 9,000.00 treatment period 4 Towards loss of amenities Rs. 25,000.00 5 Towards medical expenses Rs. 30,000.00 6 Towards other incidental expenses Rs. 10,000.00 TOTAL Rs. 1,94,000.00
The Tribunal has awarded a sum of Rs. 1,50,000/ - which has to be deducted from the aforesaid amount and the balance of compensation payable to the claimant is Rs. 44,000/ -. The said sum of Rs. 44,000/ - shall carry interest at 6% per annum.
In the result, the appeal succeeds and it is accordingly allowed in part. The first respondent - Insurance company is directed to deposit a sum of Rs. 44,000/ - with interest at 6% per annum from the date of the application till the date of deposit in addition to what has been awarded by the Tribunal within a period of eight weeks from the date of receipt of a copy of this order. The appellant is permitted to withdraw the amount on such deposit. No costs.