Sri K. Kumar Gowda vs Sri L. Balaraju, Sri L. Ashok Kumar, Sri L. Krishna Murthy and The Branch Manager, The Oriental Insurance Co. Ltd.

N.K. Patil, J.—This is claimant''s appeal for enhancement of compensation against the impugned common judgment and award dated 13.12.2004 passed in MVC No. 4434/01 on the file of the IX Addl. Judge, Member, MACT-7, Court of Small Causes, Bangalore. SCCH No. 7 (hereinafter referred to as ''Tribunal'' for short).

By its judgement and award, the Tribunal has awarded a sum of Rs. 1,25,000/- with interest at 6% p.a., from the date of petition till its payment as against the claim made by the appellant for a sum of Rs. 20,00,000/- on account of the injuries sustained by him in the road traffic accident, Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate.

In brief, the facts of the case are:

The appellant claims to be aged about 27 years, a tailor by profession, earning more than Rs. 5,000/- p.m. He was hale and healthy prior to the accident. He contended that at about 8.30 p.m. on 4.8.2001 when he was proceeding on Motor Cycle bearing No. MEV 3142 on Kanakapur to Ramanagar Main Road, at that time, the driver of the tractor bearing No. KA 05 T 1767 drove the same in a rash and negligent manner and dashed against the Motor Cycle, due to which, he fell down and sustained injuries. Immediately, he has been shifted to Government hospital, Kanakapura, where he has taken first aid treatment and later on shifted to Sanjay Gandhi Hospital, Bangalore, where he took treatment for more than lVfe months and underwent three surgeries. The doctor has assessed the disability at 40% - 50% to the upper limb. If one-third is taken, the disability to the whole body comes to 17%. On account of the injuries sustained by the appellant in the said accident, he has filed a claim petition before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal, which in turn, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum 1,25,000/- as compensation under different heads with Interest at 6% p.a., from the date of petition till the date of payment. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement of compensation.

We have heard the learned Counsel for the appellant for the considerable length of time.

After careful evaluation of the relevant material on file and after perusal of the impugned common judgment and award, what emerges is that the Tribunal is not justified in awarding compensation for the reason that, it is not in dispute that the appellant has taken treatment in the hospital as inpatient for a period of 1 1/2 months and underwent three surgeries. Taking into consideration the nature and duration of treatment, pain and agony suffered, discomforts and unhappiness to be suffered by the appellant throughout his life and that, the doctor might have advised him to take bed rest atleast for a period of four months. We accept the income of Rs. 3,000/- per month, assessed by Tribunal. We re-determine the just and reasonable compensation payable to the appellant under the heads pain and sufferings at Rs. 30.000/- as against Rs. 20,000/-; medical expenses, conveyance, nourishing food and attendant chares at Rs. 50,000/- as against Rs. 35.000/- loss of income during laid-up period at Rs. 12,000/-(3,000 x 4 months) as against Rs. 10,000/- and a sum of Rs. 25.000/- towards loss of amenities as against Rs. 10,000/- awarded by Tribunal.

Further, the Tribunal has erred in awarding only Rs. 50,000/- towards loss of future income on account of disability. As stated supra, the Tribunal has rightly assessed the income of the appellant at Rs. 3,000/- p.m. Further, the disability to the whole body comes to 17%. The age of the appellant being 27 years, the appropriate multiplier applicable is 17. Accordingly as per the decision of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , we re-determine compensation payable under the head loss of income on account of disability at Rs. 1,04,040/- (Rs. 3000/- x 12 x 17 x 17/100) as against Rs. 50,000/- awarded by Tribunal towards disability.

Having regard to the facts and circumstances of the case as stated above, the impugned common judgment and award passed by the Tribunal is liable to be modified and the break-up is as follows:

Towards pain and sufferings : Rs. 30,000/- 2. Towards medical expenses, conveyance, nourishing food and attendant charges : Rs. 50,000/- 3. Towards loss of amenities : Rs. 25,000/- 4. Towards loss of income during Laid up period : Rs. 12,000/- 5. Towards loss of future income : Rs. 1,04,040/- ------------------- Total : Rs. 2,21,040/- -------------------

Accordingly, the appeal is allowed in part and the impugned common judgment and award dated 13.12.04 passed by the Tribunal in MVC No. 4434/01 stands modified, granting a compensation of Rs. 2,21,040/- instead of Rs. 1,25,000/- (enhanced compensation comes to Rs. 96,040/-).

The insurer is directed to deposit the enhanced compensation of Rs. 96,040/- with interest at 6% p.a. from the date of petition till the date of realisation, within four weeks from the date of receipt of the copy of this judgment and award.

Out of the enhanced compensation of Rs. 96,040/-, a sum of Rs. 40,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or scheduled bank, in the name of the appellant for five years renewable by another five years, with liberty to him to withdraw the interest accrued on it, periodically. The remaining sum of Rs. 56,040/- with proportionate interest shall be released in favour of the appellant, immediately, on deposit by the insurer.

Office is directed to draw the award, accordingly.