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Judgment
B. Sreenivase Gowda
This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.
Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 29.03.2006 due to rash and negligent driving of lorry bearing registration No. TN-23-AA-5455 by its driver while he was riding on his motorcycle bearing registration No. KA-04-X-3893 along with his sister Ms. Bindu at M.E.S. Ring Road and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement?
After hearing the learned Counsel for the parties and perusing the award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced.
As per EX P 7 radiology report the claimant has sustained fracture of posterior malleolus of tibia. There are X-ray report of chest, survical Spain and CT scan of the brain which are normal as per the report. Claimant has not examined the doctor regarding disability.
Considering the nature of injuries, Rs.25.000/-awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another sum of Rs. 10,000/- and 1 award Rs.35.000/-under this head.
As Rs.21,300/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant, the same is just and proper and therefore, it does not call for enhancement.
Claimant was treated as inpatient for 10 days in M.S. Ramaiah hospital. Considering the same Rs. 10,000/- awarded by the Tribunal towards incidental expenses is just and proper and there is no scope for enhancement under this head.
Claimant claims to have been earning Rs.7,000/-per month, by working in Ebenzer Church but the same is not established. In the absence of proof of income, the Tribunal has rightly assessed his income at Rs.3,000/- per month. Nature of injuries suggests he must have been under treatment and rest at least for a period of 3 months and I award Rs.9,000/- towards loss of income during laid up period as against Rs.6,000/- awarded by the Tribunal.
The claimant has not examined the doctor regarding disability and its impact on future earning, therefore he is not entitled for compensation towards loss of future income. However, considering nature of injuries and an amount of discomfort and unhappiness he has to undergo in his future life, Rs. 15,000/ awarded by the Tribunal towards loss of amenities is just and proper and there is no scope for enhancement under this head.
Thus the claimant is entitled for the following compensation:
1)
Pain and suffering
Rs. 35,000/-
2)
Medical expenses
Rs. 21,300/-
3)
Incidental expenses
Rs. 10,000/-
4)
Towards loss of income
during laid up period
Rs. 9,000/-
5)
Towards loss of amenities Total
Rs. 15,000/-
Rs. 90,300/-
Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs.90,300/- as against Rs.77,300/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 13,000/-from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment and the same is ordered to be released in favour of the claimant.
No order as to costs.