U Abu Arafath vs Md. Rafeeq, Diwakar Pujari and National Insurance Co Ltd.

Huluvadi G. Ramesh

This is a claimant''s appeal seeking enhancement as against the award passed by the MACT VI, Mangalore in MVC 2014/2005 on 22.10.2009.

In the accident occurred on 15.6.2005, due to the negligence of the driver of the bus in question in which the claimant along with others was travelling, the has dashed against a tree and in that, claimant sustained injuries. The matter was contested. After inquiry, the Tribunal has held that the injuries sustained by the claimant were due to the negligence of the driver of the bus and after assessing the disability, has awarded Rs. 98,400/- as compensation. Not satisfied, claimant is before this Court.

Heard the counsel representing the parties.

According to the appellant''s counsel, the claimant was a student studying in 10th standard and due to the untimely accident, he lost one academic year. The income of the claimant has not been taken into consideration and taking a meagre income, compensation has been awarded.

As per the wound certificate - Ex.P6, claimant has sustained fracture i.e., middle 1/3rd of the left thigh and the same is opined as grievous in nature and the claimant has taken treatment at Tejaswini Hospital, Bangalore. The X-ray discloses fracture of the shaft of the femur and also there is disability to the extent of 8% as per Ex.P7. The Tribunal has awarded compensation under the following heads:

Pain & Suffering

Rs. 20,000/-

Medical & Hospital Charges

Rs. 28,000/-

Nourishment Charges

Rs. 1,100/-

Attendant & Conveyance

Rs. 1,100/-

Loss of Income during treatment period

Rs. 12,000/-

Loss of amenities

Rs. 5,000/-

Future medication

Rs. 15,000/-

Future income

Rs. 16,200/-

Having regard to the nature of the grievous injury, claimant would be entitled for another Rs. 10,000/- towards pain and suffering having regard to the age and, under the head loss of amenities, he would be entitled for another Rs. 5,000/-. For loss of future earning due to disability which is quantified at Rs. 16,200/- assessing the disability at 3% which, according to the learning counsel, should have been more than 10% as there is deformity and there is limitation of movement of left knee by 10 degrees, claimant is entitled for another Rs. 25,000/-under this head. The claimant has lost one academic year which cannot be monetarily compensated, however, by way of notional compensation, another Rs. 10,000/- is awarded, Thus, claimant is entitled for Rs. 50,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit.

Appeal is allowed in part. Insurer to deposit the amount in three months.