Venkatesh vs Mallappa, Abdul Hazeem and Others

Mr. Justice B. Sreenivase Gowda

This appeal is by the claimant for enhancement of compensation awarded by the Tribunal. Heard. The appeal is admitted and 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 arc referred to in the claim petition before the Tribunal.

As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 17-12-07 due to rash and negligent driving of offending lorry bearing registration No. KA-06/B-4233 by its driver and liability of the insurer of the offending lorry, the only point that remains for my consideration in the appeal is :

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

After hearing the learned Counsel for the parties and perusing Judgement and the award of the Tribunal. 1 am of the view that the compensation awarded by the Tribunal is just and proper and there is no scope for enhancement.

The claimant has sustained the following injuries :

1) Fracture of upper 1 /3rd left leg.

2) Compound fracture of mid shaft of right both bones

3) Abrasion of left foot and left elbow.

Injuries sustained and treatment taken by him are evident from wound certificate - Ex. P. 6. report of operation - Ex.P.8, discharge summary - Ex. P.9, two photographs - Ex. P. 10, bills - Ex. P. 11, discharge summaries Ex. P. 12 and 13, disability certificate - Ex. P. 14, x-rays - Ex. P. 15 and supported by oral evidence of the claimant and doctor examined as P.Ws. 1 and 2 respectively.

P.W.2 - Dr. Y. Parvatha Reddy has stated in his evidence that claimant has suffered disability of 35% to limb.

Considering nature of injuries, Rs. 30,000/- awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another Rs. 15,000/and I award Rs. 45,000/- under this head.

As Rs. 25.000/- awarded, by the Tribunal towards medical expenses is as per medical bills produced by the claimant, the same is just and proper and there is no scope for enhancement.

Claimant was treated as inpatient for six months at Vellum in Tamilnadu state and in a private Hospital at Hubli. Considering the same, a sum of Rs. 18,000/- awarded towards extra nourishment. Rs. 18,000/- towards attendant charges and Rs. 9,000/-for conveyance expenses are just and proper and they do not require enhancement.

Claimant claims to have been earning Rs. 6,000/- per month by working as a cleaner in a lorry. But the same is not established, in the absence of proof of income, considering his age as 30 years and year of accident as 2007, his income is assessed at Rs. 4,000/-per month, as against. Rs. 2,400/- assessed by the Tribunal, He was hospitalised for more than three months and he must have been under rest and treatment for a period of six months. Therefore, a sum of Rs. 24,000/- is awarded towards loss of income during laid up period as against Rs. 14,400 / - awarded by the Tribunal under the said head.

Considering nature of injuries, disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, Rs. 30,000/- awarded by the Tribunal towards loss of future amenities is just and proper and there is no scope for enhancement.

Claimant is aged about 31 years. Multiplier applicable to his age group is ''16''. His income is assessed at Rs. 4,000/- per month. P.W.2 - doctor has stated, claimant, has suffered disability of 35% to limb and he has not stated what, is the disability caused to whole body. In the absence of evidence of doctor regarding disability caused to whole body, 1/3 of the disability caused to limb has to be taken as disability caused to whole body, according to which it is 12%. So loss of future in come works out to Rs. 92,160/-(Rs. 4,000/- x 12 x. 12/300 x 16) and it: is awarded as against Rs. 138,240 /- awarded by the Tribunal.

Considering claimant has sustained three fractures, a sum of Rs. 15,000 /- is awarded towards future medical expenses and attendant charges.

Thus the claimant is entitled for the following compensation :

1.

Pain and suffering

Rs. 45,000/-

2.

Medica1 expenses

Rs. 25,000/-

3.

Extra nourishment

Rs. 18,000/-

4.

Attendant charges

Rs. 18,000/-

5.

Conveyance expenses

Rs. 9,000/-

6.

Loss of income during laid

up period

Rs. 24,000/-

7.

Loss of amenities

Rs. 30,000/-

8.

Loss of future income

Rs. 92,160/-

9.

Future medical expenses

Rs. 15,000/-

Total

Rs. 1,24,000/-

As the compensation awarded by the Tribunal is found to be more than just entitlement and there is no scope for enhancement, appeal is dismissed as devoid of merits.

No order as to costs.