B. Sreenivase Gowda, J.@mdashThis appeal is by the claimant for enhancement of compensation awarded by the Tribunal.
2. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
3. Brief facts of the case are:
That on 20.05.2001, when the claimant was travelling in an autorickshaw bearing registration No. KA-20-8852 due to the rash and negligent manner of driving the same by its driver near Ballebayalu it dashed against a jeep bearing registration No. KA-11-M-171, as a result, claimant sustained grievous injuries. Hence, he filed a claim petition before the MACT, Udupi. seeking compensation of Rs. 8,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. 34,790/- with interest at 8% p.a.
4. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending vehicle, 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?
5. After hearing the learned Counsel for the parties and perusing the award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced.
6. As per wound certificate Ex P 9 the claimant has sustained fracture of patela. He was treated as inpatient in KMC Hospital, Manipal for 8 days. Injuries sustained and treatment taken by him are also evident from medical certificate Ex P 10, treatment certificate Ex. P 12 and supported by the oral evidence of the claimant and the doctor examined as PW 2. He has not examined the doctor regarding disability.
7. Considering the nature of injuries indicated in the wound certificate, Rs. 20,000/- awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another sum of Rs. 10,000/- and I award Rs. 30,000/- under this head.
8. As Rs. 6.790/- awarded by the Tribunal is based on the medical bills produced by the claimant for Rs. 6,786/-, there is no scope for enhancement under this head.
9. Claimant was treated as inpatient in KMC Hospital, Manipal for 8 days. Considering the same Rs. 3,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is on the lower side and I award Rs. 6,000/- under this head.
10. Claimant claims to be earning Rs. 7,000/- by working as a manager in M.T.N.L., Canteen, Maharashtra and produced salary certificate at Ex. P 11. But he has neither examined the author of Ex. P 11 nor produced any other document. In the absence of proof of income his income is assessed at Rs. 4,000/-p.m. Nature of injuries suggests that he must have been under treatment and rest at least for a period of 3 months and I award Rs. 12,000/- towards loss of income during laid up period.
11. The claimant has not examined the doctor regarding disability. Therefore Rs. 5,000/- awarded by the Tribunal towards loss of amenities and disability is just and proper and there is no scope for enhancement under this head.
12. Even after sustaining the injuries the claimant has continued his employment. Therefore question of awarding compensation towards loss of future income does not arise.
13. Thus the claimant is entitled for the following compensation:
1) Pain and suffering Rs. 30,000/-
2) Medical expenses Rs. 6,790
3) Incidental expenses Rs. 6,000/-
4) Towards loss of income
during laid up period Rs. 12,000/-
5) Loss of amenities Rs. 5,000/-
Total Rs. 59,790
14. Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 59,790/- as against Rs. 34,790/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 25,000/-from the date of claim petition till the date of realisation.
15. The Insurance Company is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment. Out of the enhanced compensation 50% with proportionate interest is ordered to be invested in F.D. in the name of the claimant in any nationalised/schedule bank for a period of six years and the remaining amount is ordered to be released in favour of the claimant.
No order as to costs.
