Sri Muthu vs Sri B. Nagaraju and Others

B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

Heard, the appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal,

For the sake of convenience, the 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 26.12.2007 due to rash and negligent driving of the auto rickashaw bearing registration No. KA-05-AA-4120 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:

whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?

After hearing the learned Counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation and awarded by the Tribunal is not just and reasonably it is on the lower side and hence it is required to be enhanced.

The claimant has sustained the following injuries;-

1) Compound fracture of both bones of left leg in middle 1/3rd

2) Lower 1/3rd of tibia,

3) coles fracture of distal end of radius right side.

4) Scabbard fracture right side.

The injuries sustained by the claimant are evident from the wound certificate Ex. P-5, photographs Ex. P-6, OPD Card Ex.P-7, case sheet Ex. P-8, X-ray Ex,P-9 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively, PW-2, the doctor in his evidence has stated that the claimant has suffered disability of 25% to the upper limb and 18% to the whole body.

Considering the nature of injuries, Rs. 65,000/- awarded by the Tribunal towards ''pain and suffering'' is just and proper and there is no scope for enhancement under this head.

The claimant has not produced any medical bills regarding amount spent towards medical and incidental expenses, He was treated as inpatient for a period of 14 days in ICC. General Hospital. Bangalore. Considering the nature of injuries and duration of treatment, Rs. 10,000/- awarded by the Tribunal towards ''medical and incidental expenses'' is just and proper and there is no scope for enhancement under this head.

The claimant claims to have been working as a mason and earning a sum of Rs. 7,500/- per month, but the same is not established by producing any documents. In the absence of proof of income, the Tribunal has rightly assessed his income at Rs. 3,000/- per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 5 months and therefore a sum of Rs. 15,000/- is awarded towards ''loss of income during laid up period'' as against Rs. 6,000/- awarded by the Tribunal.

Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 25000/- is awarded towards ''loss of amenities'' and as against Rs. 10,000/- awarded by the Tribunal.

Though PW-2, the doctor has stated that the claimant has suffered disability 25% to the upper limb and 18% to the whole body, he was not tendered for cross-examination. Considering the multiple fractures sustained by him a sum of Rs. 25,000/- is awarded towards ''permanent disability''.

Considering the nature of injuries, a sum of Rs. 6,000/- is awarded towards ''future medical expenses''.

Thus, the claimant is entitled for the following compensation:

a) Pain and sufferings Rs. 65,000

b) Medical expenses Rs. 10,000

c) Loss of income during

laid up period Rs. 15,000

d) Loss of amenities Rs. 25,000

e) Future medical expenses Rs. 6,000

f) Permanent disability Rs. 25,000

TOTAL Rs. 1,46,000/-

Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 1,46,000/- as against Rs. 1,06,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs.40,000/- from the date of claim petition till the date of realisation excluding interest for the delayed period of 105 days in filing the appeal.

The Insurance Company is directed to deposit the enhanced compensation amount together with interest within two months from the date of receipt of a copy of this judgment excluding interest for the delayed period of 105 days in filing the appeal.

Out of the enhanced compensation, Rs. 30,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 6 years renewable from time to time and with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit.

No order as to costs.