Full Judgment
2, For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal,
3. The brief facts of the case as pleaded in the claim petition are: On 27.11.1909, when, the claimant was returning home by walk, alter visiting Shanidevaru Temple on Belur Road, chikmagalur, the rider of the motorcycle .bearing registration-. No.KA-18-E-8946 came in a rash and negligent manner and dashed him. As a result, the claimant sustained injuries. Hence, he filed a claim petition before MACT, chikmagalur seeking compensation of Rs. 10, 00,000/-The Tribunal awarded him a compensation of Rs.4,27,072/- with interest at 6% p.a.
4. Aggrieved by the quantum of compensation awarded by the Tribunal: The claimant has filed MFA No. 13814/2007 for enhancement of compensation and the Insurance Company has filed MFA No. 13504/2007 for reduction of compensation awarded by the Tribunal,
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 appeals are: whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement or reduction?"
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 higher side and hence it is required to be reduced,
7. The claimant, has sustained fracture of shaft femur lower third right. The injuries sustained by the claimant are evident from the wound certificate Ex.P-4, discharge summary Ex.P-5, disability certificate Ex.P-46, X-rays Exs.P-47 to 56 and supported by oral evidence' of the 'claimant and doctor, who were examined as FW-1 and CW-1 respectively. CW-1, the doctor who treated the claimant has stated that there is disability of 30% to the limb aid 15% to 18% to the whole body.
8, Considering the nature of injuries, it is just and proper to award's sum of Rs.50,000/- towards "pain and suffering as against Rs.2,00,000/- awarded by the Tribunal under the head Toss of amenities of life, frustration, disappointment, unhappiness, discomfort, inconvenience, loss of normal sex life and mentalagony.
9. The claimant has produced medical bills for Rs.80,465/- and out of the same, Rs,39,000/- has been reimbursed from his employer. The claimant immediately after the accident, was shifted to M.G.Hospitai, chikmagalur and was later shifted to Manipal North Side Hospital,' Bangalore and treated as inpatient from 29.11.99 to 13.12.99. The Tribunal considering the same has awarded a sum of Rs. 1,50,000/- which is on the higher side. Therefore, it is just and proper to award a sum of Rs.41.500/- towards "medical expenses' for the remaining bills amounting to Es.41.465/- after deducting the amount of Rs.39,000/- which is reimbursed by his employer and considering the duration of treatment. Rs.15,000/- is awarded towards Incidental expenses' such as conveyance, nourishment and attendant charges as against Rs. 1.50,000/- awarded by the Tribunal under the head medical, hospital charges, transportation and attendant charges,
10. The claimant had availed leave of 80 days and the Tribunal calculating the same in terms of his salary has rightly awarded a sum of Rs.47.072/- towards 'loss of income during laid up period' and there is no scope either for enhancement or reduction under this head.
11. The claimant who was working as a Manager in Federal Bank Limited has taken voluntary retirement with the benefit,'- of voluntary retirement and has produced documents regarding the same and his contention that he took voluntary retirement as he could not continue his employment alter sustaining injuries in the accident, cannot be accepted. Nevertheless, the claimant has to bear with the disability stated by the doctor and certain amount of discomfort and unhappiness in his future life. Considering the same, a sum of Rs.50.000/- is awarded towards loss of amenities and disability as against Rs.2,00.000/- awarded by the Tribunal under the head loss of amenities of life. furstration. disappointment, unhappiness, discomfort, inconvenience, loss of normal sex life and mentalagony'.
12. As Rs.25, 000/- awarded by the Tribunal towards 'future medical expenses' is based on the evidence of the doctor the same .is just and proper and there is no scope either tor: enhancement or reduction under this head.
13. Thus the claimant is entitled for the following compensation:-
a) Pain and sufferings -Rs.50,000/-
b) Medical expenses -Rs.41, 500/-
c) Incidental expenses -Rs.15, 000/-
d) Loss of income during laid up period -Rs.47, 072/-
e) Loss of amenities -Rs.50, 000/-
f) Future medical expenses -Rs.25, 000/-
TOTAL -Rs.2, 28,572/-
14. Accordingly, the MFA No.13504/2007 filed by the insurance company 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 a total .compensation of Ra.2,28,572/- as against Rs.4,27,072/- awarded by the Tribunal with interest at 6%p.a from the date of claim petition till the date of''-realisation. The compensation awarded by the. Tribunal is reduced by Rs. 1, 98,500/-
16. The amount in deposit is ordered to be transferred to the Tribunal for disbursement in terms of the award indicated above.
17. In view of allowing MFA No. 13504/ 200f filed by the insurance company for reduction, MFA No. 13814/2007 filed by the claimant for enhancement does not survive and according it is dismissed as devoid of merits.