Srinivasa vs Suri @ Suresha, Y. Nagaraj and The Branch Manager

B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Though the matter is listed in the orders list, 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 motor traffic accident occurred on 03.05.2007 due to rash and negligent driving of Tata Sumo bearing registration No. KA-19-N-1046 by its driver and liability of the insurer of the said vehicle to pay compensation, the only point arises for consideration is:

Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement?

Initially claimant was admitted to McGann Hospital, Shimoga and later he was shifted to Mallikarnjuna Nursing Home, Shimoga. As per Ex. P. 5 wound certificate and Ex. P 11 case sheet maintained by Mallikarjuna Nursing Home claimant has sustained comminuted fracture right femur, right tibia and fibula. Injuries sustained and treatment taken by him are also evident from Ex. P 6 discharge card, another wound certificate Ex. P 10 and X-ray Ex. P 12 and supported by oral evidence of the claimant and doctor examined as PWs. 1 and 3 respectively. PW 3 Dr. A. 3. Raghunath who treated the claimant has stated that the claimant has gone to their hospital with diagnosis of comminuted fracture of femur. His limb was immobilized, he was taken up for surgery. Fracture of femur fixed with 8 mm K nail and fracture of tibia was fixed with V nail and he suffered partial permanent disability of abut 35%.

Considering the nature of injuries sustained by the claimant a sum of Rs. 50,000/- is awarded towards pain and suffering as against Rs. 15,000/- awarded by the Tribunal under this head.

As Rs. 25,000/- awarded by the Tribunal towards medical expenses is as per the medical bills produced by the claimant for the said sum, there is no scope for enhancement under this head.

He was treated as inpatient for two weeks in Mallikarjuna Hospital, Shimoga, Considering the same, a, sum of Rs. 8,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges as against Rs. 5,000/- awarded by the Tribunal.

Claimant has not produced any document regarding his income. In the absence of proof of income, considering his age as 45 years, year of accident as 2007 and his avocation as coolie, his income could be assessed at Rs. 4,000/- p.m. Nature of injuries suggest that he must have been under treatment and rest at least for four months. Therefore a sum Rs. 16,000/- is awarded towards loss of income during laid up period.

Considering nature of injuries, 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. 20,000/- is awarded towards loss of amenities.

The doctor has stated claimant has suffered disability of 35% to a particular limb, so as to whole body it comes to 12%. The multiplier applicable to the age group of the claimant is 14. Accordingly, loss of future income works out to Rs. 80,640/- (Rs. 4,000/- x 12% x 12 x 14) and it is awarded as against Rs. 46,800/- awarded by the Tribunal.

Thus'' the claimant is entitled for the following compensation:

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. 1,07,840/- with interest at 6% p.a. from the date of claim petition till the date of realization. The Insurance Company 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 Rupees one lakhs with proportionate interest is ordered to be deposited in FD in the name of the claimant in any nationalized/scheduled Bank or post office for a period of six years, with a right of option to withdraw interest periodically and the remaining amount is ordered _ to be released in his favour. The Tribunal while releasing remaining compensation amount is also directed to issue F.D. slip to the claimant to enable him to withdraw the amount on its maturity without approaching the Tribunal once again. The concerned bank also is directed to release the F.D. amount on its maturity without insisting any order from the Tribunal or presence of the Advocate.

No order as to costs.