(Prayer: This Miscellaneous First Appeal is filed U/S. 173(1) of the Motor Vehicle Act praying to against the Judgment and award dated 25.09.2012 passed in MVC No.582/2010 on the file of the II Addl. Senior Civil Judge and M.A.C.T at Gulbarga, partly allowing the claim Petition and seeking enhancement of compensation.)
1. By consent of the learned counsel appearing for the parties the appeal is heard and disposed of finally at the stage of admission.
2. The appellant having sustained certain injuries in a road traffic accident filed a claim petition in MVC.No.582/2010 before MACT at Gulbarga, seeking compensation under Section 166 of the Motor Vehicles Act (herein after referred to as MV Act for short) from the owner and the insurer of the offending vehicle.
3. The Tribunal by the impugned judgment and award has awarded a sum of Rs.4,81,128/- with interest @ 6% per annum from the date of petition till the date of realisation. Aggrieved by the quantum of compensation awarded by the Tribunal, the claimant has preferred this appeal seeking enhancement of the same.
4. As there is no dispute regarding certain injuries sustained by the claimant-appellant in a road traffic accident that occurred on 08.02.2010 due to rash and negligent driving of the offending Tractor bearing Reg.No.KA-33/T-2189 by its driver and liability of the insurer of the said vehicle, the only point that arises for consideration in this appeal is:
"Whether the quantum of compensation awarded by the Tribunal 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. We are of the opinion that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and it is required to be enhanced.
6. As per Ex.P6 discharge summary the claimant has sustained crush injury to his right hand and his right hand above elbow came to be amputed. Injuries sustained by the claimant and treatment undergone by her were supported by oral evidence of the claimant and the doctors who were examined as PW.1 and 2 respectively. PW.2 doctor Arvinda Kumar in his evidence stated that claimant has suffered permanent disability of 70%. Considering nature of injuries sustained by the claimant Rs.40,000/- awarded by the Tribunal towards pain and suffering is on the lower side and it deserves to be enhanced and we enhance it by another sum of Rs.60,000/- and award a sum of Rs.1,00,000 under this head.
7. As Rs.1,81,128/- awarded by the Tribunal towards medical expenses is based on the medical bills and prescriptions produced by the claimant the same is just and proper and there is not scope for enhancement under this head.
8. The appellant was treated as in-patient for 13 days in a private hospital. Considering the duration of treatment of appellant as in-patient Rs.11,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant's charges is just and proper and it does not require to be enhanced.
9. Ex.P-8 and P-9 provisional certificates produced by the claimant disclose that she is an Engineering Graduate, but there is no evidence to show that she was earning a sum of Rs.30,000/- p.m. by working as a lecturer at Engineering College in Gulbarga, as claimed by her. Therefore, in the absence of proof of income considering her age as 39 years, year of accident as 2010 and her education as engineering graduate, we re-assess her income during the laid up period at Rs.7,000/- p.m. as against Rs.4,000/- assessed by the Tribunal. Nature of injuries sustained by her suggest that she must have been under rest and treatment for a period of three months. Therefore, a sum of Rs.21,000/- is awarded towards loss of income during laid up period as against Rs.4,000/- awarded by the Tribunal.
10. Considering the nature of injuries sustained by the appellant viz., amputation of right hand above elbow, the disability stated by the doctor and an amount of discomfort and unhappiness she has to undergo in her future life Rs.35,000/- awarded by the Tribunal towards loss of amenities is on the lower side and it deserves to enhanced by another Rs.65,000/- and we award Rs.1,00,000/- under this head.
11. PW.2 doctor has stated that she has suffered permanent disability of 70% on account of amputation of right hand above elbow but he has not stated what is the functional disability she suffered on account of the said injury. Considering the nature of job that she could discharge based on her education the functional disability could be considered at 50%. The multiplier applicable to her age group is 15 as rightly applied by the Tribunal, if that is so, loss of future income would work out to Rs.6,30,000/- ( 7,000 X 12 X 50 x 15/100) and it is awarded as against Rs.1,80,000/- awarded by the Tribunal.
12. A sum of Rs.50,000/- is awarded towards future medical expenses including cost of artificial limb as against Rs.30,000/- awarded by the Tribunal.
13. Considering the year of accident as 2010, there is some force in the contention of the learned counsel for the claimant that rate of interest awarded by the Tribunal at 6% p.a. is on the lower side and therefore, we award interest at 8% p.a. for the enhanced compensation.
14. Thus claimant is entitled for the following compensation:
| Towards pain and suffering | Rs. 1,00,000/- |
| Towards medical expenses | Rs. 1,81,128/- |
| Towards incidental expenses | Rs. 11,000/- |
| Loss of income during laid up | Rs. 21,000/- |
| period Towards loss of amenities | Rs. 1,00,000/- |
| Towards loss future income | Rs. 6,30,000/- |
| Future medical expenses including cost of artificial limb | Rs. 50,000/- |
| Total | Rs. 10,93,128/- |
Thus, the claimant is entitled to a total compensation Rs.10,93,128/- as against 4,81,128/- awarded by the tribunal and she is entitled to an additional compensation of Rs.6,12,000/- with interest @ 8% per annum from the date of petition till realisation.
15. Accordingly the appeal is allowed in-part. Judgment and award of the tribunal is modified to the extent stated herein above. The claimant is entitled to an additional compensation of Rs.6,12,000/- with interest at 8% p.a. from the date of claim petition till the date of realisation. The Insurance Co. is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment. From the additional compensation 75% with proportionate interest is ordered to be deposited in FD in the name of appellant-claimant in any Nationalized bank/Scheduled Bank/Grameena Bank/Post Office for a period of 10 years with a right of option for the claimant to withdraw interest periodically. Remaining 25% with proportionate interest is ordered to be released in her favour.
The Tribunal, while releasing the remaining 25% amount is also directed to issue FD slips in favour of the claimant so that she can withdraw the FD amount on maturity and the Bank/the post office in which the FD will be invested is also directed to release FD on maturity without insisting for further orders from the Tribunal.
Draw up the award accordingly.
No order as to costs.