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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 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 17.09.2008 due to rash and negligent driving of Ford Icon car bearing registration No.KA-03-MJ-45 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?
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. 4 the claimant has sustained abrasion injuries (multiple) over the face, right leg thigh and leg and knee, comminuted fracture of right leg (tibia and fibula) bone bones, fracture of left ankle - lateral malleolus of left leg. Injuries sustained and treatment taken by him are also evident from discharge summary Ex.P.5, OP Card Ex. P. 10, 2 x-rays - Ex.P.11 and supported by oral evidence of the claimant and doctor examined as P.Ws. 1 and 2 respectively.
P.W.2 - Dr. Somashekar has stated in his evidence that claimant has suffered disability of 46% to limb and 23% to whole body.
Considering two fractures and other simple injuries sustained by the claimant, a sum of Rs.60,000/- 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 produced medical bills for Rs.72,800/- as per Ex. P. 7. He was treated as inpatient in Siddalingappa Memorial Hospital, Bangalore from 17.09.2008 to 12.10.2008. Therefore a sum of Rs.85,000/- is awarded towards medical and incidental expenses such as conveyance, nourishment and attendant charges as against Rs.75,800/- awarded by the Tribunal under this head.
The claimant claims to have been earning Rs. 15,000/- p.m. by working as a Technician in Godrej and Sirrkay Industries and produced a salary certificate at Ex. P. 8 and ID card at Ex. P. 9. Neither the author of Ex.P.8 nor his alleged employer is examined. He has not produced any document to show that he has availed leave for treatment of the injuries sustained in the accident. However, considering the nature of injuries and duration of treatment Rs.20,000/- is awarded towards loss of income.
Considering the disability state by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life Rs.35,000/- awarded by the Tribunal towards loss of amenities is just and proper and there is no scope for enhancement.
The claimant has continued his employment after sustaining injuries. Therefore awarding of compensation towards loss of future income does not arise. However, considering the disability of 46% to limb and 23% to whole body it is just and proper to award Rs.30,000/- towards permanent disability and it is awarded.
Rs. 15,000/- awarded by the Tribunal towards future medical expenses is based on the evidence of the doctor and there is no scope for enhancement under this head.
Thus the claimant is entitled for the following compensation:
1)
Pain and suffering
Rs. 60,000/-
2)
Medical and
Incidental expenses
Rs. 85,000/-
3)
Towards loss of income
During laid up period
Rs. 20,000/-
4)
Towards loss of amenities
Rs. 35,000/-
5)
Towards disability
Rs. 30,000/-
6)
Future medical expenses
Rs. 15,000/-
Total
Rs. 2,45,000/-
Less compensation awarded
By the Tribunal
Rs. 1,85,800/-
ADDITIONAL COMPENSATION RS.59,200/-
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 additional compensation of Rs.59,200/- with interest at 6% p.a. 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 from which 50% with proportionate interest is ordered to be invested in F.D. in any nationalized/scheduled Bank or post office 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 with proportionate interest is ordered to be released in his favour.
No order as to costs.