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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
The brief facts of the case:
On 08.03.2007, when the claimant was going on his motorcycle bearing registration No. CKA 5065 on S.D. Road Junction, Airport Road, Bangalore, a bus bearing registration No. CAP 6278 came in a rash and negligent manner and dashed against his motor cycle. As a result, he fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Bangalore seeking compensation of Rs. 10,00,000/-, The Tribunal awarded him a compensation of Rs. 2,14,000/- with interest at 6% p.a.
As there is no dispute regarding injuries sustained by the claimant in a motor road accident and the liability of the Insurance Company, the only point that arises for my consideration in the appeal is:
whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned Counsel for the parties and perusing the judgment and 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 hence it is required to be enhanced.
The claimant has sustained the following injuries:
a) Fracture of medical malleolus on right side
b) Friction burns with laceration over right knee exposing the patella
Theinjuries sustained by the claimant are evident from the Wound Certificate Ex.P-5, X-rays-Ex.P-10, 12 & 13 and supported by oral evidence of the claimant and doctor, who were examined as FWs-1 and 2 respectively. He was treated as inpatient for a period of 13 days in Manipal Hospital, Bangalore, PW-3, the doctor who treated the claimant has stated that there is disability of 45% to the limb and 14% to the whole body.
Considering the nature of injuries, Rs. 50,000/- awarded by the Tribunal towards ''pain and suffering'' is just and reasonable and there is no scope for enhancement under this head.
The claimant has produced medical bills for Rs, 1,31,000/- and he has filed a consolidate statement stating that he has spent a sum of Rs. 2,99,554/- towards medical expenses The Tribunal has awarded a sum of Rs. 95,000/-. The learned Counsel appearing for the parties after carefully scrutinising the medical bills from the records of the trial court fairly submit that the claimant has spent a sum of Rs. 1,25,000/- towards medical expenses. Accordingly, I award Rs. 1,25,000/- towards medical expenses'' as against Rs. 95,000/- awarded by the Tribunal.
Considering the nature of injuries and duration of treatment, and the hospital in which the claimant has taken treatment, Rs. 5,000/- awarded by the Tribunal towards ''conveyance, nourishment and attendant charges'' is on the lower side and it is deserved to be enhanced by another Rs. 7,000/- and I award Rs. 12,000/- under this head.
The claimant in his evidence has stated by functioning as a Managing partner of M/s. P.V. Logistricts, Bangalore, he was earning Rs. 20,000/- per month, but he has not established it by producing relevant documents. The Tribunal considering the age of claimant, nature of profession and year of accident as 2007, assessed his income at Rs. 6,000/- per month and considering that he must have been out of employment for a period of 4 months has rightly awarded a sum of Rs. 24,000/- towards ''loss of income during laid up period''. The same is just and proper and there is no scope for enhancement under this head.
PW-2, the doctor who treated the claimant has stated that the claimant has suffered disability of 45% to the limb and 14% to the whole body, The Tribunal considering the disability stated by the doctor and nature of business carried on by the claimant, has come to a conclusion that there is no toss of employment or reduction in his future earning and has rightly declined to award compensation towards future toss of income'', But the claimant has to bear with certain amount of discomfort and unhappiness and the disability stated by the doctor throughout his life and considering that the claimant is not awarded compensation towards future loss of income, Rs. 30,000/- awarded by the Tribunal towards ''loss of amenities'' is on the tower side and it is deserved to be enhanced by another Rs. 20,000/- and I award Rs. 50,000/- towards toss of amenities and unhappiness.
Rs. 10,000/- awarded by the Tribunal towards ''future medical expenses'' is just and proper and there is no scope for enhancement under this head.
Thus, the claimant is entitled for the following compensation:
a) Pain and sufferings - Rs. 50,000/- b) Medical expenses - Rs. 1,25,000/- c) Conveyance, nourishment attendant charge - Rs. 12,000/- d) Loss of income during laid-up period - Rs. 24,000/- e) Loss of amenities - Rs. 50,000/- f) Future medical expenses - Rs. 10,000/- ---------------- Total Rs 2,71,000/- ----------------
Thus, the claimant is entitled for a total compensation of Rs. 2,71,000/- as against Rs. 2,14,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 57,000/- from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the compensation amount within two months from the date of receipt of a copy of this order.
Out of the enhanced compensation, 50% of the amount with proportionate interest is ordered to be invested in fixed deposit in any Nationalised Bank/Scheduled Bank/Post Office in the name of claimant for a period of 7 years. Remaining 50% with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit.
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. No order as to costs.