Yeshodamma vs C.K. Gurumurthy and Others

B. Sreenivas Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

With the consent of the learned counsel appearing for the parties, this appeal is heard and disposed of finally by this 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 16.07.2009 due to rash and negligent driving of Motor Cycle bearing registration No. KA-16 L-8785 by its driver and liability of the insurer of the said vehicle, the only point that arises for my consideration in the appeal is:

"Whether quantum of compensation of Rs. 87,185/- awarded by the Tribunal is just and reasonable or does it call for enhancement? "

After hearing the learned counsel appearing for parties and perusing the Judgment and Award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.

As per wound certificate Ex. P-2, the claimant has sustained fracture of both bones of right leg. The injuries sustained and treatment taken by the claimant are evident from Ex. P-7, discharge card, Exs. P-35 to P-39 (five x-rays), Ex. P-40, case sheet and Ex. P-41, M.L.C. Extract and corroborated by the oral evidence of the claimant and the doctor, who were examined as P.Ws.1 and 2 respectively. P.W.2, Dr. D.M. Nagabhushan in his evidence has also stated that the claimant has suffered disability of 35% to lower limb.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 35,000/- is awarded towards ''pain and suffering'' as against Rs. 20,000/- awarded by the Tribunal under this head.

As Rs. 27,185/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bills produced by the claimant, there is no scope for enhancement under this head.

The claimant was treated as inpatient for a period of 11 days at Navodaya Hospital, Davangere. Considering the duration of treatment, a sum of Rs. 6,000/- is awarded towards ''incidental expenses'' such as conveyance, nourishment and attendant charges.

The claimant is said to have been earning Rs. 10,000/- p.m., by doing business of vegetable vending but it is not substantiated by adducing evidence. In the absence of proof of income, considering her age as 57 years, year of accident as 2009 and her avocation as vegetable vending, her income is assessed at Rs. 4,500/- per month. The nature of injuries suggest that she must have been under rest and treatment for a period of four months. Therefore a sum of Rs. 18,000/- is awarded towards loss of income during laid up period''.

Considering the nature of injuries sustained, disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 20,000/- is awarded towards loss of amenities''.

The income of the claimant is assessed at Rs. 4,500/- per month. The disability stated by the doctor at 35% to particular limb and to the whole body, it comes to 12%, the multiplier applicable to her age group is 9. Therefore, the loss of future income'' works out to Rs. 58,320/- (4500 x 12/100 x 12 x 9) and it is awarded.

Thus, the claimant is entitled for the following compensation:--

Accordingly, the appeal is allowed-in-part. The Judgment and Award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 77,320/- with interest at 6% p.a. from the date of claim petition till the date of realisation.

The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this Judgment. From which, 75% of the amount with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years and with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant. Remaining amount with proportionate interest is ordered to be released in favour of the claimant.

The Tribunal while releasing 25% of the amount shall also issue FD slip to the claimant, so that he can withdraw FD amount on its maturity and the Bank/Post Office in which the amount is kept in FD is also directed to release FD amount on its maturity without insisting further orders from the Tribunal.

No order as to costs.