Judgment:
N.K. Patil, J.
1. This appeal is directed against the judgment and award dated 26.09.2005 passed in MVC No. 6321/2003 on the file of IX Additional Judge, Member MACT-7, Court of Small Causes, Bangalore, (SCCH-7) (hereinafter referred to as 'Tribunal' for brevity) on the ground that, the compensation of Rs. 1,00,000/- awarded by the Tribunal with interest at 6% per annum from the date of petition till the date of realization as against the claim of claimant for Rs. 10,00,000/- is inadequate.
2. The brief facts of the case are:
The appellant claims to be aged about 37 years, working as driver of a lorry and getting salary of Rs. 4,500/- p.m. Be that as it may, that on 08.11.2003 at about 9.00 a.m. when the appellant was driving his lorry bearing registration No. KA. 04 7517 on Tumkur Madhugiri Road, towards Madhugiri near PBE Bricks Factory, Arakere, another lorry bearing registration No. AP 16 TU 1465 came in a rash and negligent manner and dashed against his lorry as a result of which he sustained grievous injuries such as fracture of right clavicle, fracture AVF Bone, Zygomatic fracture, fracture orbital wall both medical and lateral and eye injury. It is the case of the appellant that on account of the injuries sustained in the accident he has spent considerable amount towards conveyance, nourishing food, attendant charges and medical expenses. Therefore, he filed a claim petition claiming compensation of Rs. 10,00,000/- against the respondents. The said claim petition had come up before the Tribunal and the Tribunal in turn after hearing the learned Counsel on both sides and after considering the oral and documentary evidence available on record, has allowed the claim petition of the appellant in part awarding compensation of Rs. 1,00,000/-with interest at 6% per annum from the date of petition till the date of realisation. The appellant has presented this appeal on the ground that the compensation awarded by the Tribunal is inadequate and it requires enhancement by modifying the judgment and award of the Tribunal.3. We have heard the learned Counsel appearing on both sides for considerable length of time.
4. After careful perusal of the judgment and award of the Tribunal and alter critical evaluation of the relevant material available on the file, what emerges is that the Tribunal is justified in awarding Rs. 5,000/-towards medical expenses and it does not call for interference.
5. However the Tribunal has erred in awarding only Rs. 20,000/-towards pain and sufferings which is inadequate for the reason that the appellant was inpatient in the hospital for more than 5 days. Having regard to the nature of injuries as stated supra and the pain any agony undergone by the appellant, we deem it fit to award Rs. 50,000/- towards pain and sufferings as against Rs. 20,000/- awarded by the Tribunal.
6. The Tribunal has further committed grave error in not awarding compensation towards conveyance, nourishing food and attendant charges. It is not in dispute that the appellant was in the hospital for 5 days as inpatient. He might have spent reasonable amount towards conveyance, nourishing food and attendant charges. Therefore we award Rs. 10,000/-under the said head.
7. The Tribunal has erred in awarding only Rs. 50,000/- towards loss of future income, assessing the income of the appellant at Rs. 3,000/- p.m. which is in adequate for the reason that the appellant has stated that he was earning Rs. 4,500/- p.m. and Rs. 100/- per day as batta. Keeping in view his age and occupation we can safely assess the income of the appellant at Rs. 4,000/- p.m. As per the age of the appellant the multiplier applicable is 15 and the disability to the whole body is 10%. Hence we re-assess the compensation towards loss of future Income which comes to Rs. 72,000/- (Rs. 4,000/- 12 15 10%). Accordingly we award the same.
8. The Tribunal has erred in awarding only Rs. 15,000/- towards loss of earning during laid up period which is inadequate. We have assessed the income of the appellant at Rs. 4,000/- p.m. as stated supra. Therefore loss of earnings during laid up period for five months comes to Rs. 20,000/-. We award the same.
9. Further the Tribunal has erred in awarding only Rs. 10,000/- towards loss of amenities in future life which is inadequate for the reason that the appellant was aged about 37 years working as driver and has a disability of 30% to his right eye. He was inpatient in the hospital for more than 5 days and also undergone a surgery. Because of the disability the appellant is not in position to do his work effectively and efficiently to the satisfaction of his employer as he was doing prior to the accident. Therefore we deem it fit to award Rs. 20,000/- towards loss of amenities in future life as against Rs. 10,000/-awarded by the Tribunal.
10. The Tribunal has erred in not awarding compensation towards future medical expenses. It is not in dispute that the available material evidence on record shows that there is fracture of right clavicle, fracture AVF Bone, Zygomatic fracture, fracture orbital wall both medical and lateral and eye injury. The doctor has assessed 30% disability to the right eye and the appellant is required to meet future medical expenses. Taking these relevant factors into consideration we deem it fit to award Rs. 10,000/-towards future medical expenses.
11. In the facts and circumstances stated above, the instant appeal filed by the appellant is allowed in part. The judgment and award dated 26.09.2005 passed in MVC No. 6321/2003 on the file of IX Additional Judge, Member MACT-7, Court of Small Causes, Bangalore, (SCCH-7) is hereby modified. The break up is as under:
i) Towards pain and injury Rs. 50,0007-ii) Towards medical expenses. Rs. 5,000/-iii) Towards conveyance, nourishingfood and attendant charges Rs. 10,000/-iv) Towards loss of income duringlaid up period Rs. 20,000/-v) Towards loss of future income. Rs. 72,000/-vi) Towards loss of future amenities Rs. 20,000/-vii) Towards future medical expenses Rs. 10,000/------------------Total Rs. 1,87,000/-=================The appellant is entitled for total compensation of Rs. 1,87,000/- as against Rs. 1,00,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition on till the date of realization.
The 1st respondent - Insurance Company is directed to deposit the enhanced compensation of Rs. 487,000/- together with interest, within a period of four weeks from the date of receipt of copy of the judgment;
Out of the enhanced compensation of Rs. 87,000/-, Rs. 50,000/- with proportionate interest shall be invested in the name of the appellant in F.D. in any nationalized or Scheduled bank for a period of 5 years and renewal for another 5 years. The appellant is entitled to withdraw periodical interest on the F.D.
The remaining compensation of Rs. 37,000/- with proportionate Interest shall be released in favour of the appellant immediately on deposit by the Insurance Company.
Office is directed to draw the award, accordingly.