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Judgment
A.S. Bopanna, J.—The Appellant is before this Court seeking enhancement of the compensation as against me sum awarded in M.V.C. No. 3067/2007.
Heard tire learned Counsel for the parties and perused the appeal papers.
The facts relating to the accident having occurred on 8.2.2007 and the nature of injuries suffered by the claimant in the said accident is not seriously in dispute. The wound certificate, which was marked as Ex.P.6 and the evidence tendered by the claimant and also the doctor, who was examined as P.W.2 indicates that the claimant apart from sustaining certain abrasion on the forehead had suffered fracture of middle 1/3rd of right tibia and fibula with displacement. The X-ray to indicate the fracture was marked as Ex.P.14 and the other medical records were also marked before the Tribunal at EXS.P.7, P.12, end P.13. Based on the said evidence the doctor had stated the disability to the right lower limb at 36% and the whole body at 20%. The Tribunal has however, reckoned the disability at 12% to the whole body. In this regard, the learned Counsel for the Appellant sought to contend that the Tribunal was not justified. I am unable to accept the said contention, since, the Tribunal after noticing the nature of injuries and also the extent of disability statad to the right lower limb has reckoned the appropriate disability and to the said extent, I am of the view that the Tribunal was justified.
With regard to the income of the claimant, it was contended that he was working as a painter and was earning a sum of Rs. 3,300/- per month. The Tribunal has however, reckoned the income at Rs. 3,000/- per month. The contention for enhancement of compensation on the said ground is opposed by the learned Counsel for the 2nd Respondent by contending that in the absence of any evidence to prove either the avocation or income, the Tribunal was justified in reckoning the income as it has been done and as such either under the said head or under other head, the claimant has not made out the case for enhancement of the compensation.
On this aspect of the matter, it is no doubt true that the Tribunal has not accepted the avocation and the income of the claimant. However, in a fact of this nature, what is to be noted is that the claimant was a robust youngster and in any event, he was engaged in manual labour and more particularly, if he is engaged in such construction activity including the wages find the daily allowance, normally a person would earn at about Rs. 110/- to Rs. 120/- per day. If tins aspect of the matter is kept in view, the claimant was earning Rs. 3,500/- per month cannot be an exaggeration, if he is maintaining himself and contributing to his family. Therefore, keeping this aspect in view, the income of the Rs. 3,000/- taken by the Tribunal. The multiplier as taken by the Tribunal is adopted and, if the compensation under the head of loss of future earning is calculated, the same would be in a sum of Rs. 90,720/-. Since, the Tribunal has already awarded a sum of Rs. 77,760/- under the said head. The claimant is entitled to the enhancement of Rs. 12,960/- under the said head. Since the income has been reckoned at Rs. 3,500/- per month, the difference of the amount towards the laid up period has also to be granted. Accordingly, as such a sum of Rs. 15,000/- is awarded under the said head. That apart, considering the nature of injuries namely the fracture and the displacement suffered by the claimant and even that there is scar as suggested by the doctor, the same would cause some inconvenience and as such the amount awarded towards loss of amenities is on the lower side and as such a sum of Rs. 10,000/- is awarded under the said head.
Therefore, the claimant in all is entitled to the enhanced compensation of Rs. 37,960/- with interest at the same rate as awarded by the Tribunal.
The 2nd Respondent-Insurance Company shall deposit the enhanced amount with interest within a period of six weeks from the date of receipt of the copy of this order. On deposit, the entire amount shall be disbursed to the claimant.
In the above terms, the appeal stands disposed of.
No order as to costs.