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Judgment
B. Sreenivase Gowda
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 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 10-8-07 due to rash and negligent driving of Maruthi Van bearing registration No. KA-05-MB-9453 by its driver 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?
Learned Counsel appearing for the insurer submits, injuries sustained by the claimant is not supported by any documents or from the oral evidence of doctor either from SNR Hospital, Kolar or from Rayudu Hospital and therefore, he opposes for enhancement of compensation.
As occurrence of accident, negligence and liability of the insurer has been held in the affirmative and against the insurer and therefore, said question cannot be reopened in the appeal filed by the claimant 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 therefore, it is deserved to be enhanced.
As per wound certificate - Ex.P.5, claimant has sustained the following injuries:
i) Abrasion over right foot, dorsum distal 1/3rd region.
ii) Tenderness with swelling over right leg mid 1/3rd region.
iii) Abrasion over right, hand index finger.
iv) Abrasion over left hand dorsum.
v) Fracture mid shaft right tibia.
Injuries sustained and treatment taken by him are also evident from OPD card - Ex.P.6, OP card -Ex.P.7 and x-rays - Ex.P.8 and supported by oral evidence of the claimant and doctor examined as P.Ws.1 and 2 respectively.
P.W.2 - Dr. S.Rajanna has stated in his evidence that claimant has suffered disability of 34% to limb and 17% to whole body.
Considering nature of injuries sustained by the claimant, Tribunal is not justified in awarding global compensation of Rs.35,000/- and therefore, I reassess and award the following.
Considering one fracture and four simple injuries sustained by the claimant, a sum of Rs.25,000/- is awarded towards pain and suffering.
Immediately after the accident, claimant had taken first aid in SNR Hospital, Kolar, as per wound certificate Ex.P.5 and he continued treatment in Sanjeeva Rayudu Hospital, Madanapally, State of Andhra Pradesh as inpatient for a period of 20 days, where he underwent surgery but he has not produced documents regarding amount spent towards medical and incidental expenses and has not examined any doctor either from SNR Hospital, Kolar or from Sanjeeva Rayudu Hospital, Madanpally, where he claims to have taken treatment. On the other hand, he has examined the doctor from Bowring Hospital as P.W.2. Considering the above circumstances, a sum of Rs.10,000/- is awarded towards medical and incidental expenses.
Claimants claims to have been earning Rs.4,500/-per month by working as a mason. But it is not supported by any documents. Considering his age as 28 years and year of accident as 2007, his income is assessed at Rs.3,000/- per month. Nature of injuries suggest that he must have been under rest and treatment for a period of three months. Therefore, a sum of Rs.9,000/- is awarded towards loss of income during laid up period.
Considering the disability stated by the doctor, a sum of Rs.10,000/- is awarded towards loss of amenities.
P.W.2 who is not the doctor who treated the claimant has stated, claimant has suffered disability of 34% to limb and 17% to whole body. Considering nature of injuries, future loss of income can be worked out by taking functional disability caused to whole body at 10%. So loss of future income works out to Rs.61,200/- (Rs.3,000/- x 10/100 x 12 x 17).
Thus the claimant is entitled for the following compensation:
1) Pain and suffering
Rs. 25,000/-
2) Medical and incidental expenses
Rs. 10,000/-
3) Towards loss of income during laid up period
Rs. 9,000/-
4) Towards loss of amenities
Rs. 10,000/-
5) Loss of future income
Rs. 61,200/-
Total
Rs. 1,15,200/-
Compensation awarded by the Tribunal
Rs. 35,000/-
Additional compensation
Rs. 80,200/-
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 an additional compensation of Rs.80,200/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
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 which 50% 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 nine years with a right of option for him to renew the deposit from time to time and withdraw interest periodically and the remaining amount is ordered to be released in favour of the claimant.
No order as to costs.