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Judgment
This appeal is filed by the claimant challenging the judgment and award dated 16.07.2015 passed by the Motor Accident Claims Tribunal, Court Of Small Causes At Bengaluru (SCCH:15) in MVC 4342/2014.
Brief facts of the case:
On 10.09.2014 at about 9.15 p.m. when the claimant was crossing the road after observing the traffic on either sides of the road, from east to west, infront of R.R.Colour labs, Yelahanka, the motor cycle bearing registration No.KA-05-HG-6229 came with high speed in a rash and negligent manner and dashed against him. As a result, he fell down and suffered injuries all over the body and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW-1, and Dr. S. Ramachandra as PW-2, and submitted 15 documents. On the other hand, the Insurance Company neither examined any witnesses nor produced any documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.2,45,000/- with interest at 9% p.a. Being aggrieved by the same, the present appeal is filed.
The learned counsel for the claimant has raised the following contentions:
Firstly, the claimant claims that he was doing coolie work and earning Rs.15,000/- per month. But the Tribunal has assessed the income of the claimant as merely as Rs.7,500/- p.m.
Secondly, PW-2, the doctor has stated in his evidence that the claimant has suffered disability of 30.5% to right lower limb and 15% to whole body. But the Tribunal has assessed the disability to whole body at 8% while calculating the 'loss of future income'.
Thirdly, the claimant has sustained fracture of both bones i.e., tibia and fibula of right leg. The compensation awarded by the Tribunal under the heads of 'pain and sufferings' and 'loss of amenities', are on the lower side.
Hence, the learned counsel for the claimant prays for allowing the appeal.
Per contra, the learned counsel for the Insurance Company has raised the following counter-contentions:
Firstly, even though the claimant claims that he was doing coolie work and earning Rs.15,000/- per month, he has not produced any document to establish his income. Therefore, the Tribunal has rightly assessed the income of the claimant notionally.
Secondly, even though PW-2, the doctor has stated in his evidence that the claimant has suffered disability of 30.5% to right lower limb and 15% to whole body, the Tribunal considering the nature of injuries has rightly assessed the disability caused to whole body at 8%.
Thirdly, the compensation awarded by the Tribunal under other heads are just and reasonable.
Hence, the learned counsel for the Insurance Company prays for dismissal of the appeal.
Heard the learned counsel for the parties. Perused the records.
It is not in dispute that the claimant had sustained injuries in a road traffic accident occurred on 10.9.2014 due to rash and negligent driving of the offending vehicle by its driver. As per wound certificate, the claimant has sustained fracture of both bones i.e., tibia and fibula of right leg.
The claimant claims that he was doing coolie work and earning Rs.15,000/- per month. But the same is not established by producing any documents. Therefore, the Tribunal is left with no other option, but to asses the income of the claimant notionally. In catena of cases, this Court has relied upon the Chart prepared by this Court for the purpose of deciding the matters at Lok Adalath. According to the Chart, for an accident of the year, 2014, the income should be taken notionally as Rs.8,500/- per month. Therefore, the learned Tribunal is unjustified in assessing the claimant's income as merely Rs.7,500/- per month. Therefore, this Court enhances the claimant's income from Rs.7,500/- to Rs.8,500/-per month.
Considering that the claimant has sustained fracture of both bones i.e., tibia and fibula of right leg, compensation of Rs.30,000/- awarded by the Tribunal under the head 'pain and sufferings' is on the lower side and hence, the same is enhanced to Rs.40,000/-
Considering the disability stated by PW-2, the doctor in his evidence that the claimant has suffered disability of 30.5% to right lower limb and 15% to whole body and an amount of discomfort and unhappiness, the claimant has to undergo in his life, this Court enhances the compensation from Rs.20,000/- to Rs.40,000/- under the head of 'loss of amenities'.
The claimant is aged about 56 years at the time of accident, and the multiplier applicable to his age group is 9. His income is assessed at Rs.8,500/-per month. PW-2, doctor in his evidence has stated that claimant has suffered disability of 30.5% to the lower limb and 15% to the whole body. Taking into consideration the testimony of the doctor and injuries mentioned in the wound certificate, the whole body disability is taken at 10%. Therefore, the 'loss of future income' works out to Rs.91,800/- (8,500 x 12 x 9 x 10%) and it is awarded as against Rs.64,800/-awarded by the Tribunal.
The compensation awarded by the Tribunal under other heads remains undisturbed.
For the reasons stated above, this appeal is partly allowed. The judgment and award of the Tribunal stands modified. The claimant is entitled to receive the following compensation:
Compensation under different Heads
As awarded by the Tribunal
(Rs.)
As awarded by this Court
(Rs.)
Pain and sufferings
30,000
40,000
Medical expenses
30,000
30,000
Food, nourishment,
conveyance and attendant charges
25,000
25,000
Future medical expenses
20,000
20,000
Loss of income during laid up period
25,000
25,000
Loss of future income
64,800
91,800
Permanent physical impairment
30,000
30,000
Loss of amenities
20,000
40,000
Total
244,800
301,800
The Insurance Company is directed to deposit, with the learned Tribunal, the entire compensation amount, along with an interest @ 9% per annum, from the date of filing of the claim petition till the date of realization, within a period of three months from the date of receipt of the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimant by the learned Tribunal after verifying his identity.