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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Respondents 1 and 2 though were served with the notice of this appeal on 9-2-11 and 12-2-11 respectively, they remained unrepresented and have not chosen to contest the appeal of the claimant for enhancement. Hence, heard the learned Counsel appearing for the appellant and perused the judgment and award of the Tribunal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 25-12-08 due to rash and negligent driving of BMTC bus bearing registration No.KA-01-F-2975 and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether the 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 reasonable, it is on the lower side and therefore, it is deserved to be enhanced.
As per wound certificate - Ex.P.8. claimant has sustained following injuries:
i) Acute ischemia left lower limb.
ii) Grade III delayed presentation post, trauma.
Injuries sustained and treatment taken by him are also evident from the discharge summary - Ex.P.9, medical bills - Ex.P. 10. case sheet - Ex.P. 11, OP record Ex.P. 12, x-ray - Ex.P.13 and supported by oral evidence of the claimant and doctor X examined as P.Ws. 1 and 2 respectively.
P.W.2 - Dr. P.N. Prakash in his evidence has stated that claimant has suffered disability of 75% to left lower limb and 25% to whole body.
Considering nature of injuries, particularly amputation of left leg above knee, a sum of Rs. 75,000/-is awarded towards pain and suffering as against Rs. 50,000/ awarded by the Tribunal under this head.
Claimant; was inpatient for seven days from 25-12-08 to 1-1-09 in Rhagawan Mahaveer Jain Hospital, Bangalore, he has produced medical bills for Rs. 49,560/-. Considering the same, Rs. 70,000/-awarded by the Tribunal towards medical and incidental expenses is just and proper and there is no scope for enhancement under this head.
He claims to have been earning Rs. 5,000/- per month by working as a Manager of Sankey Apartment, but the said fact is not established by producing any documentary evidence. In the absence of proof of income, considering his age as 70 years and year of accident as 2008, his income can be assessed at Rs. 3,500/- per month as against Rs. 3,000/- assessed by the Tribunal. Tribunal has considered the period of rest and treatment as six months. Therefore a sum of Rs. 21,000/- is awarded towards loss of income during laid up period as against Rs. 18,000/- awarded by the Tribunal.
Considering the amount of discomfort and unhappiness the claimant has to undergo in his future life on account of amputation of left leg above knee a sum of Rs. 75,000/- is awarded towards loss of amenities as against Rs. 40,000/- awarded by the Tribunal under the said head.
Claimant is aged about 70 years. Multiplier applicable is ''5''. Though the doctor has stated he has suffered disability of 75% to left lower limb and 25% to whole body, disability suffered by the claimant is taken at 60% as per Schedule II of Workmen''s Compensation Act. So future loss of income works out to Rs. 1.05.000/- (Rs. 3,500/- x 60/100 x 12 x 5) and it is awarded as against Rs. 45,000/ - awarded by the Tribunal.
A sum of Rs. 25,000/- is awarded towards cost of artificial leg,
Thus the claimant: is entitled for the following compensation:
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. 3,71,000/- as against Rs. 2,23,000/ awarded by the Tribunal with interest at 6% p.a. on the additional compensation of Rs. 1.48,000/- from the date of claim petition till the date of realisation.
1)
Pain and suffering
Rs. 75,000/-
2)
Medical and incidental
expenses
Rs. 70,000/-
3)
Towards loss of income
during laid up period
Rs. 21,000/-
4)
Towards loss of amenities
Rs. 75,000/-
5)
Future loss of income
Rs. 1,05,000/-
6)
Towards cost of artificial leg
Rs. 25,000/-
Total
Rs. 3,71,000/-
The Insurance Co. is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment. From out of the additional compensation, Rs. 1,00,000/- with proportionate interest is ordered to be invested in FD in any nationalised or scheduled Bank in the name of the claimant for a period of three years with a right of option for him to renew the deposit from time to time and withdraw interest periodically and the remaining amount with proportionate interest is ordered to be released in his favour.
No order as to costs.