AI Structured Summary
Not yet generated for this judgment
Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard the learned Counsel appearing for parties 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 13-12-06 due to rash and negligent driving of bus bearing registration No. KA-30-B-9977 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 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 Ex.P.9 - discharge summary issued by Kasturba Hospital, Manipal, claimant had sustained open head injury with fracture of frontal bone with dural injury with C.S.F. rhinorhoea. Immediately after the accident, he was shifted to Kaiga Hospital and provided first aid and then shifted to Kasturba Hospital, Manipal, where he was treated as inpatient from 14-12-06 up to 25-12-06 with surgery.
Injuries sustained and treatment taken are also evident, from OPD cards - Exs. P. 11 and 13 and supported by oral evidence of the claimant and doctor examined as P.Ws. 2 and 3 respectively.
P.W. 3 - Dr. S.T. Sridhar has stated, claimant has suffered disability of 20% to headache 18% to giddiness and blurring of vision, 12% to loss of memory, totally 50%.
Considering nature of injuries sustained by the claimant, a sum of Rs. 40,000/- is awarded towards pain and suffering as against Rs. 25,000/- awarded by the Tribunal under this head.
Claimant has produced medical bills for Rs. 35,000/- as per Ex P. 10 and was treated as inpatient for 10 days in Kasturba Hospital, Manipal. Considering the same, Rs. 40,000/- awarded by the Tribunal towards medical and incidental expenses is just and proper.
He claims to have been earning Rs. 6,000/- per month by doing fabrication work. But the same is not established by producing any document. In the absence of proof of income, considering his age as 28 years and year of accident as 2006, his income is assessed at Rs. 4,000/- per month. Nature of injuries suggest, he must have been under rest and treatment for a period of three months. Therefore, a sum of Rs. 12,000/- is awarded towards loss of income during laid up period as against Rs. 6,000/- awarded by the Tribunal under this head.
Considering nature of injuries sustained, disability stated by the doctor and an amount of discomfort and unhappiness which the claimant has to undergo for the rest of his life, a sum of Rs. 15,000/-is awarded towards loss of amenities as against Rs. 10,000/- awarded by the Tribunal under this head.
Multiplier applicable to the age group of the claimant is `17''. His income is assessed at Rs. 4,000/-per month. Doctor has stated, he has suffered disability of 20% to headache, 18% to giddiness and blurring of vision, 12% to loss of memory and totally 50% disability. The Tribunal declined to award loss of future income on the ground that the doctor who assessed disability is not the doctor who treated the claimant. Considering nature of injuries, loss of future income can be worked out by taking functional disability at 10%. So loss of future income works out to Rs. 81,600/- (Rs 4,000/- x 12 x 10/100 x 17) and it is awarded.
Thus the claimant is entitled for the following compensation:
1)
Pain and suffering
Rs. 40,000/
2)
Medical and incidental expenses
Rs. 40,000/
3)
Loss of income during laid up period
Rs. 12,000/
4)
Loss of amenities
Rs. 15,000/
5)
Future loss of income
Rs. 81,600/
Total
Rs. 1,88,600/
Less compensation awarded by the Tribunal
Rs. 81,000/
Additional compensation
Rs. 1,07,600/
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. 1,07,600/- 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 with interest within two months from the date of receipt of a copy of this judgment, from which Rs. 75,000/- with proportionate interest is ordered to be invested in FD in any nationalised or scheduled Bank or post office, in the name of the claimant for a period of 6 years, renewable once every two years, with a right of option for him to withdraw interest periodically and the remaining amount is ordered to be released in his favour.
No order as to costs.