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Judgment
Ravi Malimath
At the request of both counsels the matter is taken up for final disposal. The case of the claimant is that on 7-6-2006 he and his friends were travelling in a Autorickshaw bearing No. KA-02-B-9541 from Adhichunchanagiri Mutt towards Ramanagara. A Scorpio Car bearing No. KA-05/MF-279 being driven in a rash and negligent manner dashed against the Autorikshaw, as a result of which, the petitioner fell down and sustained grievous injuries and he was admitted to the hospital. Thereafter, a claim Petition was filed wherein the Tribunal after considering the material evidence on record granted the following compensation:-
Pain, Shock and Agony
Rs. 50,000/-
Medical Expenses
Rs. 1,25,000/-
Loss of Future Earning Capacity
Rs. 6,48,000/-
Loss of income during treatment
Rs. 12,000/-
Loss of future happiness, Frustration, disappointment, Inconvenience and amenities
Rs. 2,00,000/-
Future Medical Expenses
Rs. 40,000/-
Total
Rs. 10,75,000/-
The learned counsel appearing for the appellant contends that the Doctor has opined that there is a disability of 49% to the whole body and the patient has sustained permanent disability to both lower limbs and in the wound certificate Ex.P-4, the following injuries were noticed.
Tenderness and swelling over left hip joint,
Tenderness and swelling of right thigh,
Multiple abrasions over right side of face and head,
X-ray shows fracture with dislocation of left hip joint and fracture of right femur M/3.
In the evidence of P.W. 2-the Doctor has stated that there is 62% disability to the left lower limb and 36% to the right lower limb which is about 49% disability of the whole body. That based on the clinical and radiological findings he cannot do normal work and will also have sexual dysfunction and he needs more surgeries. Under these circumstances the Tribunal held that the disability of the claimant has to be taken as 100% and the Tribunal held that because of the disability to both the lower limbs the life of the petitioner has become miserable and he has depend upon the others for doing his normal functions. Accordingly, by taking the monthly income at Rs. 3,000/-and applying the multiplier of 18 and 100% disability the loss of earning capacity would be Rs. 5,48,000/-. There is no serious dispute so far as other heads of compensation is concerned. On considering the contentions and the material on record, and in view of the evidence of the Doctor which is clear and unambiguous as held by the Tribunal and as the claimant has lost both the lower limbs and he has to depend on others even for doing day today activities and there is no prospects of marriage, under these circumstances the Tribunal has granted appropriate compensation towards the same. I do not find any error in law or on facts. The compensation awarded is just and reasonable and does not call for any interference. The Appeal is accordingly dismissed.
The amount in-deposit is directed to be transmitted to the Tribunal for necessary action.