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Judgment
B. Sreenivas Gowda, J.—MFA No. 6993/2014 is filed by the claimant seeking enhancement of compensation awarded by the Tribunal and MFA No. 125/2015 is filed by the insurer of the offending vehicle seeking reduction.
As these two appeals are arising out of a common road traffic accident and common Judgment of the Tribunal, with the consent of the learned counsel appearing for the parties, they are heard together and disposed of finally by this common judgment.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident that occurred on 29.02.2012 due to rash and negligent driving of the offending car bearing registration No. A-04 MD-7236 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in these appeals is:
"Whether compensation of Rs. 3,85,301/- awarded by the Tribunal with interest at 6% p.a., is just and reasonable or it calls for enhancement or reduction?"
Learned counsel appearing for claimant submits that the claimant after sustaining amputation of ring finger of left hand, could not appear for competitive examination and hence the compensation awarded by the Tribunal is on lower side. Therefore, he prays for allowing the appeal filed by the claimant and dismissing the appeal filed by the insurer, whereas the learned counsel appearing for the insurer submits that even though claimant has continued his employment after sustaining injuries in the accident, the Tribunal has committed an error in awarding Rs. 2,99,187/- towards loss of future income. Therefore, he prays for allowing the appeal filed by the insurer by reducing the compensation and dismissing the appeal filed by the claimant.
As per the wound certificate, Ex. P-5 the claimant had sustained crush injuries to left ring finger and later it was amputed. The injuries sustained and treatment taken by him are also evident from Ex. P-9, x-ray, Ex. P-11, history notes, Exs. P-12 & P-13, discharge summaries and corroborated by oral evidence of claimant and doctor, who were examined as P.Ws. 1 and 4 respectively. P.W. 4, Dr. Sreehamsa, in his evidence has stated that the claimant has suffered disability of 20% to the upper limb and 7% to the whole body. Considering the amputation of left ring finger, a sum of Rs. 50,000/- is awarded towards pain and suffering as against Rs. 20,000/- awarded by the Tribunal.
As Rs. 46,114/- awarded by the Tribunal towards ''medical expenses'' is as per the medical bills and prescriptions produced by the claimant, it is just and proper and there is no scope for enhancement under this head.
The claimant was treated as inpatient for five days and continued follow up treatment for some more days at Fortis Hospital, Bangalore. Considering the same, a sum of Rs. 10,000/- awarded by the Tribunal towards food and nourishment, Rs. 10,000/- towards traveling expenses is just and proper and there is no scope for enhancement.
It is not the case of the claimant that after sustaining injuries in the accident, either he discontinued his employment or there is reduction in his salary. His contention that after sustaining amputation of edge of left ring finger, he could not appear for competitive examination, has not been established by producing relevant documents that he was appearing for competitive examination earlier to the accident and after the accident, he could not appear for such entrance examination. Therefore, awarding compensation in a sum of Rs. 2,99,187/- towards disability, based on his salary and taking into consideration the disability stated by the doctor to his whole body is improper.
The claimant having sustained amputation of edge of left ring finger about 1 inch certainly has got some amount of discomfort and he has to face with the said discomfort for the rest of his life. Considering the same, justice would be met with if a sum of Rs. 60,000/- is awarded towards loss of amenities and a sum of Rs. 65,000/- is awarded towards permanent disability.
The monthly salary of the claimant after deducting the income tax and profession tax is Rs. 33,855/- as per Ex. P-16. He was inpatient for five days. Therefore five days salary amounting to Rs. 5,639/- is to be awarded as loss of income during laid up period and it is awarded.
Thus, the claimant is entitled for the following compensation:-
Thus the claimant is entitled to a compensation of Rs. 2,46,753/- instead of Rs. 3,85,301/-.
Accordingly the appeal filed by the Insurance Company is allowed in part and the appeal filed by the claimant is hereby dismissed. The Judgment and Awards passed by the Tribunal are modified to the extent stated herein above.
The Insurance Company is directed to deposit the remaining compensation amount of Rs. 2,46,753/- together with interest within two months from the date of receipt of a copy of this Judgment. The same shall be disbursed in favour of the claimant in terms of the award of the Tribunal.
No order as to costs.