B. Sreenivas Gowda, J.@mdashThis appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. As there is no dispute regarding certain injuries sustained by the claimant in the road traffic accident occurred on 23-4-2004 due to rash and negligent driving of the offending Toyota Qualis vehicle bearing Registration No. KA-22/K-250 by its driver and liability of the insurer of the said vehicle, the only point that arises for consideration is:
Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
2. 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 quantum of compensation awarded by the Tribunal is not just and reasonable and is on the lower side and deserves to be enhanced.
3. As per the wound certificate-Ex. P. 6 issued by the SDM Medical College Hospital, he had sustained: (1) contusion injury over medial aspect of right knee joint; (2) abrasion over medial maleolus of right leg; (3) wound over the left great toe; (4) superficial wound over right thumb; (5) swelling of calf region due to blunt trauma; (6) blunt trauma to chest left side; and (7) crack fracture of left maleolus right side. The injuries 1 to 6 are simple in nature and injury No. 7 is grievous. He was admitted in SDM Medical College Hospital on 23-4-2004 and discharged on 24-4-2004. Ex. P. 10 was issued by Dr. Suresh M. Dugani on 8-3-2006 i.e., two years after the accident stating that the claimant has suffered disability of 35% on account of diminished sensation below L3, whereas in the wound certificate-Ex. P. 6 issued by the SDM Medical College Hospital immediately after the accident, there is no indication regarding injury sustained by the claimant to L3, L4 and L5. If that is so, the disability certificate issued by the doctor cannot be believed. Considering the nature of injuries indicated in Ex. P. 6 i.e., one grievous injury and six simple injuries, a sum of Rs. 30,000/- is awarded towards pain and suffering.
4. The claimant has produced medical bills for Rs. 53,400/-. The Tribunal has observed that all the bills produced by the claimant are not related to the treatment taken for the injuries sustained in the accident and indicated in the wound certificate-Ex. P. 6. The nature of injuries sustained by the claimant suggest, he must have been under rest and treatment for a period of 15 days. Therefore justice would be met with if a sum of Rs. 15,000/- is awarded towards medical and incidental expenses and it is awarded. He claims to have been earning Rs. 10,000/- per month by running a floor mill and doing agriculture and the claimant has produced licence regarding running of floor mill, but no document is produced regarding his actual earning from the floor mill business. Therefore considering his age as 52 years, the year of accident as 2004 and the fact that he has been running a floor mill, his income could be easily assessed at Rs. 4,000/- per month. The nature of injuries suggest that he must have taken rest and treatment for a period of about three months. Therefore a sum of Rs. 12,000/- is awarded towards loss of income during laid up period. In view of disbelieving the disability certificate issued at Ex. P. 10 and considering the injuries indicated in the wound certificate-Ex. P. 6, justice would be met with if a sum of Rs. 30,000/- is awarded towards loss of amenities and permanent disability.
5. Thus, the claimant is entitled to the following compensation:
Thus, the claimant is entitled to an additional compensation of Rs. 20,000/-.
6. Accordingly, the appeal is allowed in part. The judgment and award dated 18-6-2007, passed in MVC No. 309 of 2004, by the MACT-2, Dharwad, is modified. The claimant is entitled to an additional compensation of Rs. 20,000/- with interest at 6% p.a. from the date of claim petition till realisation. The Insurance Company is directed to deposit the additional compensation with interest within two months from the date of receipt of copy of this judgment and the same shall be released in favour of the claimant.
No order as to costs.
