Full Judgment
2. I have heard Smi.K.S.Ashika, learned counsel for claimant and Sri L.Sreekanta Rao. learned counsel for Insurance Company.
3. The claimant was traveling as a pillion rider on a motor cycle involved in the accident. The Tribunal has exonerated the Insurance Company of its liability on the ground that no extra premium was paid to cover the risk of pillion rider.
4. As could be seen from the policy marked as Ex.R. 1, the vehicle involved in the accident was covered under package policy and certainly covers risk of pillion rider. Therefore, I hold both insured and insurer are jointly and severally liable to pay compensation. Regarding quantum of compensation:-
5. As per medical records, claimant had suffered fracture of right tibial condyle and associated abrasions. The claimant was treated in Athena Hospital at Mangalore. The claimant was operated for reduction of fracture. As per evidence of PW2-Dr.Sridbar Shetty, claimant suffers from restricted movements of right lower limb. The claimant was aged about 21 years at the time of accident. The claimant was sustaining by manual worn, therefore, permanent physical disability of whole body is assessed at 5%.
6. The Tribunal has awarded compensation of Rs. 1, 01, 800/- under following heads:-
1. Fain and suffering: Rs.30,000/
2. Medical expenses: Rs.46.800/
3. Lost; of amenities & enjoyment, of life: Rs. 10,000/
4. Disability: Rs. 10,000/-
5. Attendant charges, food and Rs. 5,000/-nourishment and travelling expenses: Total: Rs. 1,01.800/-
7. On hearing learned counsel for parties and on reconsideration of the matter, 1 find that Tribunal has not awarded compensation under the heads "loss of earnings during laid up period", "loss of earning capacity & loss of future earnings" and "future medical expenses".
8. Therefore, taking into consideration all these aspects, accepting the disability assessed supra, compensation awarded by Tribunal is modified as following:-
I. Pain & suffering : Rs. 30.000/-
II. Medical expenses : Rs. 46,800/
III. Loss of amenities & enjoyment of life: Rs. 25,000/-
IV. Loss of earnings during laid up period: Rs. 9,000/-
V. Loss of earning capacity & loss of future earnings (Rs.3, 000/- x 12 x 17 x 0.05) : Rs. 30,600/-
VI. Future medical expenses : Rs. 10.000/-
Total : Rs. 1, 51, 400/
9. In the result, I pass the following:-
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 1.01.800/- awarded by Tribunal is enhanced to Rs. 1.51, 400/-. The rest, of the impugned award as it relates to rate of interest, period of accrual of interest and liability of respondents 1 & 2 is confirmed. The payment and investment shall be in the ratio evolved by the Tribunal. Parties are directed to bear their costs.