Papamma v. Managing Director, Owner of KSRTC bus, Bangalore
2010-01-12
N.ANANDA
body2010
DigiLaw.ai
Judgment : his is claimant’s appeal for enhancement of compensation. 2. Heard Sri Harish Kumar, learned Counsel for claimant and Sri F.S. Dabali, learned Counsel for Insurance Company. 3. As a result of accident, claimant had suffered fracture of right femur and fracture was reduced by open reduction and internal fixation. 4. At the time of accident, claimant was aged about 55 years. She was a vegetable vendor. The Tribunal has awarded compensation of Rs. 1,08,000/- under following heads: (1) Pain and sufferings Rs. 15,000/- (2) Medical expenditure Rs. 12,000/- (3) Loss of earning during laid up period Rs. 5,000/- (4) Attendant Rs.1,500/- (5) Future medication Rs. 10,000/- (6) Disability Rs. 64,500/- 5. On hearing the learned Counsel for parties and after going through the medical records, assessment of disability and determination of compensation by the Tribunal, I am of the considered opinion that the Tribunal should have adopted ‘11’ multiplier to determine ‘loss of future earnings’. The Tribunal should have awarded compensation towards ‘loss of amenities’. 6. The learned Counsel for the claimant would submit that the Tribunal has determined the income of claimant at Rs.1,500/- p.m. and it is on the lower side. The income should have been determined at Rs.3,000/- p.m. 7. As could be seen from the medical evidence, disability of right lower limb is assessed at 60%. Therefore, the disability with reference to whole body should have been taken at 20%. The Tribunal has taken the permanent physical disability vis-à-vis loss of earning capacity at 45%. Therefore, determination of disability, which is on the higher side would make good the deficiency in determination of income. 8. In view of the above, I modify the compensation awarded by the Tribunal as follows: (1) Pain and suffering Rs.20,000/- (2) Medical expenditure Rs. 12,000/- (3) Loss of earnings during laid up period Rs.6,000/- (4) Attendants & conveyance charges Rs.2,500/- (5) Future medication Rs.10,000/- (6) Loss of earning capacity and future loss of earnings (Rs. 1,500 x 12 x 11 x .40) Rs. 79,200/- (7) Loss of amenities Rs.20,000/- Thus, claimant is entitled to total compensation of Rs.1,49,700/-. 9. In the result, I pass the following order: The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 1,08,000/- awarded by the Tribunal is enhanced to Rs. 1,49,700/- with interest at 6% p.a. from the date of petition till the date of realisation.
9. In the result, I pass the following order: The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 1,08,000/- awarded by the Tribunal is enhanced to Rs. 1,49,700/- with interest at 6% p.a. from the date of petition till the date of realisation. The payment and investment shall be in the ratio evolved in the impugned award. Parties are directed to bear their costs.