B. Sreenivas Gowda, J.@mdashThis appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of the learned counsel appearing for the parties, the appeal is heard and disposed of finally.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 17-1-2012 due to rash and negligent riding of a motor-cycle bearing Registration No. KA-18 V-1158 by its rider and liability of the insurer of the said vehicle, the only point that arises for my consideration in the appeal is:
"Whether the compensation of Rs. 1,21,500/- awarded by the Tribunal with interest at the rate of 6% per annum is just and reasonable or does it call for enhancement?"
5. After hearing the learned counsel appearing for the 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 therefore, it is required to be enhanced.
6. As per Ex. P8 - Wound Certificate, the claimant had sustained following injuries:
"Fracture of distal shaft of tibia and fibula and condyle fracture of tibia and five other simple injuries."
Injuries sustained and treatment taken by the claimant are also evident from Ex. P10 - scan report, Ex. P12 - admission and discharge certificate, Ex. P13 - referral card, Ex. P14 - O.P. book, Ex. P15 - disability certificate, Ex-P16 - X-ray and corroborated by oral evidence of the claimant and the Doctor who were examined as P.Ws. 1 and 2 respectively. P.W. 2 -Dr. A.C. Niyath in his evidence has stated that the claimant has suffered disability of 24% to the lower limb and disability of 12% to the whole body.
7. Considering the nature of injuries sustained by the claimant, a sum of Rs. 55,000/- is awarded towards ''pain and sufferings'' as against Rs. 40,000/- awarded by the Tribunal.
8. Claimant has produced medical bills for Rs. 8,950/- as per Ex. P9 and she was treated as inpatient for a period of 45 days on two different occasions and at two different Hospitals. Considering the same, a sum of Rs. 30,000/- is awarded towards ''medical and incidental expenses'' as against Rs. 27,500/- awarded by the Tribunal.
9. In the absence of proof of income, considering her age as 35 years, the year of accident as 2012 and avocation as daily wager, her income is assessed at Rs. 6000/- per month. The nature of injuries suggests that she must have been under rest and treatment for a period of five months and therefore, a sum of Rs. 30,000/- is awarded towards ''loss of income during laid up period'' as against Rs. 24,000/- awarded by the Tribunal.
10. Considering the disability stated by the Doctor and an amount of discomfort and unhappiness the claimant has to undergo in her future life, a sum of Rs. 25,000/- awarded by the Tribunal towards ''loss of amenities'' is just and proper and there is no enhancement under this head.
11. Regarding awarding compensation towards loss of disability'', learned counsel for the insurer submits that since P.W. 2 is not the Doctor who treated the claimant, disability stated by him at 24% to left lower limb and 12% to the whole body cannot be considered while working ''loss of future income''.
12. Learned counsel for the claimant submits that P.W. 2 has stated that claimant has suffered 25% of disability to the whole body on examining the claimant with reference to her medical records. Admittedly, P.W. 2 is not the Doctor who has treated the claimant. Therefore, considering the nature of injuries sustained by the claimant and the evidence of P.W. 2, the disability considered by the Tribunal at 10% is just and proper. Her income is assessed at Rs. 6,000/- per month, multiplier applicable to her age group is ''16'' so loss of future income'' works out to Rs. 1,15,2000/- (6,000 x 10/100 x 12 x 16) and it is awarded. Rs. 5,000/- awarded by the Tribunal towards ''future medical expenses'' is just and proper and there is no scope for enhancement under this head.
13. Thus, the claimant is entitled for the following compensation:
14. 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. 1,38,700/- (Rupees one lakh thirty-eight thousand seven hundred only) with interest at 6% per annum from the date of claim petition till the date of realisation.
15. The Insurance Company is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment. Out of the enhanced compensation, Rs. 1,00,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of the claimant in any nationalised/scheduled/grameena Bank for a period of five 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.
16. The Tribunal while releasing the remaining amount is also directed to issue fixed deposit slips to the claimant so that she can withdraw fixed deposit amount on its maturity. Further, the Bank in which amount is kept in fixed deposit is also directed to release it on maturity without insisting further orders from the Tribunal.
No order as to costs.
