Full Judgment
1. This appeal is by the claimant for enhancement of compensation awarded by him Tribunal.
2. Heard, the appeal is admitted and with the consent of the learned counsel appearing for the partj.ee, it is taken up for final disposal.
3. For the sake of convenience, the parties are referred i:o as they are referred to in the claim petition before the Tribunal.
4. The brief facts of the case:
On 02.02.2007, when the claimant was travelling in a bus bearing registration No.KA-20-A-7087 near Huliyaragoli Village, near Kothalakatte, NH-17 road, a tanker bearing registration No.KA-01-C-3697 came in a rash and negligent manner and dashed against the bus. As a res-alt, the claimant sustained injuries. Hence, he filed a claim petition before MACT, Udupi seeking compensation of Rs.5,00,000/-, The Tribunal awarded him a compensation of Rs.44,,195/- with interest at 8%p.a.
5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
6 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 compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced,
7. As per wound certificate Ex.P-10, the claimant has sustained 7 injuries. Injuries 1 to 4 are described as simple and injuries 5 to 7 are described as grievous in nature. The injuries sustained by the claimant are also evident from the medical certificate Ex.P-12, discharge summary Ex.P-13 and supported by oral evidence of the claimant examined as PW-2. The claimant has not examined the doctor regarding disability.
8. Considering the nature of injuries, Rs.25.000/- awarded by the Tribunal towards jpain and suffering' is on the lower side and it is deserved to be enhanced by another Rs. 10,000/- and I award Rs. 35,000/- under this head.
9. As Rs. 11,195/- awarded by the Tribunal towards "medical expenses' is based on the medical bills for Rs. 11,192/- produced by the claimant and there is no scope for enhancement under tide head.
10. The claimant was treated as inpatient for a period of 4 days from 2.2.07 to 6.2.07 in Ki-tech Medicare Hospital for fracture of left 2 and 3 ribs and fracture of L-3. Considering the duration of treatment, Rs.3,000/ - awarded by the Tribunal towards Incidental expenses* such as conveyance, nourishment axd attendant charges is just and proper and there is no scope for enhancement under this head.
11. The claimant claims to be working as a ticket checker and earning a sum of Rs.6,000/- per month, but the same is not established by producing any documents. In the absence of proof of income, it is just and proper to assess his income at Rs.4, per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 4 months and therefore a sum of Ra,16,000/- is awarded towards loss of income during laid up period' as against Rs.5,000/- awarded by the Tribunal.
12. The claimant having not examined the doctor regarding disability is not entitled for compensation under the head 'loss of amenities' and loss of future income'.
13. Considering the nature of injuries, it is just and proper to award a sum of Rs,10,000/- towards future medical expenses and it is awarded.
14. Thus, the claimant is entitled for the following compensation:-
a) Pain and sufferings - Rs.35,000
b) Medical expenses - Rs.11,195
c) Incidental expenses - Rs.3.000
d) Loss of income during laid up period - Rs. 16.000
e) Future medical expenses - Rs. 10,000
.TOTAL - Rs.75,195
15. 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 t: total compensation of Rs.75,193/ as against Rs.44,195/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Ra.3.1,000/- from the date of claim petition till the date of realization.
16. The Insurance Company is directed to deposit the enhanced compensation amount together with interest within two months from the date of receipt of a copy of this judgment.
17. Out of the enhanced compensation, 50% of the amount with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalized Bank/ Scheduled Bank/ Post Office for a period of 7 years. Remaining amount with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit.
18. No order as to costs.