B. Sreenivase Gowda, J.@mdashThis appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard, the appeal is admitted and with the consent of learned counsel appearing for parties, it is taken up for final disposal.
2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
3. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 29.3.2006 due to rash and negligent riding of the offending motorcycle bearing registration No. KA-03-ED-2797 by its rider and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
4. 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.
5. As per wound certificate Ex. P-6, the claimant has sustained head injury, type II compound fracture right tibia & fibula 1/3rd, cut lacerated wound over the fracture site, abrasion injury over the right elbow joint and abrasion injury over the fore head right side. The injuries sustained by the claimant are also evident from discharge summary Ex. P-7, case sheet Ex. P-11, X-rays Exs. P-12 and supported by oral evidence of the claimant and doctor, who were examined as PWs 1 and 2 respectively. PW-2, doctor in his evidence has stated that the claimant has suffered disability of 10% to the limb and 5% to the whole body.
6. Considering the nature of injuries, Rs. 40,000/- awarded by the Tribunal towards ''pain and suffering'' is just and proper and there is no scope for enhancement under this head.
7. The claimant has produced medical bills for Rs. 48,777/-. He was treated as inpatient for a period of 7 days in Sarojini Hospital. Considering the nature of injuries and duration of treatment, a sum of Rs. 55,000/- is awarded towards ''medical and incidental expenses'' as against Rs. 49,000/- awarded by the Tribunal.
8. The claimant is a minor aged about 9 years, therefore awarding compensation under the heads ''loss of income during laid up period'' and ''loss of future income'' does not arise. Nevertheless, he has to bear with the disability stated by the doctor and certain amount of discomfort and unhappiness in his future life. Considering the same, a sum of Rs. 35,000/- is awarded towards loss of amenities and disability'' as against Rs. 6,750/- awarded by the Tribunal towards ''loss of future income'', Rs. 5,000/- towards loss of amenities'' and Rs. 5,000/- towards loss of career education''.
9. Thus, the claimant is entitled for the following compensation:-
10. 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. 21,750/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
11. 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 till the claimant attains majority and with a right of option for the natural guardian to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the natural guardian of the claimant. The Tribunal while releasing 25% of the amount is also directed to issue the fixed deposit slips, so as to enable the claimant to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.
No order as to costs.
