Judgment : 1. Heard. 2. For the sake of convenience, the parties are referred to as they are referred to in the The appeal is admitted and with the consent of the learned Counsel appearing for the parties it is taken up for final disposal. claim petition before the Tribunal. 3. The brief facts of the case are: That on 13-5-2006, when the claimed was traveling in an autorickshaw bearing No. KA-17/A-2341 while the said autorickshaw came near Shivalli Talkies, it met with an accident due to rash and negligent driving of the auto by its driver. As a result, the claimant has sustained injuries. Hence, he filed a claim petition before Motor Accident Claims Tribunal, Davanagere seeking compensation. The Tribunal awarded a sum of Rs. 1,20,900/- with interest 6% p.a. Aggrieved by the quantum compensation awarded by Tribunal the claimant has preferred this appeal seeking enhancement. 4. As there is no dispute regarding injuries sustained by the claimant in a motor road accident and the liability of the Insurance Company, 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?” 5. Learned Counsel appearing for the claimant submits that considering the nature of injuries and duration of treatment, the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore he prays for allowing the appeal by enhancing compensation. 6. Per contra, the learned Counsel appearing for the Insurance Company submits the compensation is awarded by the Tribunal is just and reasonable and there is no scope for enhancement and he prays for dismissal of the appeal. 7. After hearing the learned Counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore it is required to be enhanced. 8. The claimant has sustained following injuries:- (i) E/O Fracture of distal 1/3rd of shaft of right radius and right ulna. (ii) Funetured wound 1 * 1 cms on volar aspect of M/3 and C.3.F.A. (iii) Abrasion present on volar aspect distal 1/3rd F.A. (iv) Abrasion present on thenar eminence. (v) Tenderness present crepitation present.
8. The claimant has sustained following injuries:- (i) E/O Fracture of distal 1/3rd of shaft of right radius and right ulna. (ii) Funetured wound 1 * 1 cms on volar aspect of M/3 and C.3.F.A. (iii) Abrasion present on volar aspect distal 1/3rd F.A. (iv) Abrasion present on thenar eminence. (v) Tenderness present crepitation present. The injuries sustained by him are evident from wound certificate Ex.P. 6-discharge summary, Ex. P. 7-disability certificate, Ex. P. 9 and X-ray films Exs. P. 23 to P. 25 and supported by the oral evidence of the claimant and the doctor, who were examined as P.Ws. 1 and 2 respectively. He was inpatient in Bapuji Hospital, Davanagere for about 30 days. P.W. 2-the doctor who treated the claimant has stated that there is disability of 40% to the limb and 20 % to the whole body. 9. Considering the nature of injuries Rs. 20,000/- awarded by the Tribunal towards ‘pain and suffering’ is on the lower side and it deserves to be enhanced by another Rs. 5,000/- and therefore, I award at sum of Rs. 25,000/- under this head. 10. As Rs. 3,300/- awarded by the Tribunal is based on the medical bills produced by the claimant and therefore there is no scope for enhancement under this head. 11. Considering the duration of treatment Rs. 3,000/- awarded by the Tribunal towards conveyance, nourishment and attendant’ charges is on the lower side and it deserves to be enhanced by another a sum of Rs. 7,000/- therefore, I award a sum of Rs. 10,000/- under this head. 12. The Tribunal by assessing his income at Rs. 3,000/- p.m. and considering that he was under treatment and rest for a period of one month has awarded a sum of Rs. 3,000/-towards loss of income during laid up period. He was an auto driver. The nature of injuries suggest that he must have been under treatment for a minimum period of three months and therefore it is just and reasonable to award a sum of Rs. 9,000/- as against Rs. 3,000/- awarded by the Tribunal and I award the same. 13. Despite, awarding compensation towards future loss of income, the claimant has to bear with certain amount of inconvenience and discomfort in his future life and Rs.
9,000/- as against Rs. 3,000/- awarded by the Tribunal and I award the same. 13. Despite, awarding compensation towards future loss of income, the claimant has to bear with certain amount of inconvenience and discomfort in his future life and Rs. 5,000/- awarded by the Tribunal towards ‘loss of amenities’ in on the lower side and it deserves to be enhanced by the another sum of Rs. 10,000/- and Rs. 15,000/- is awarded under this head. 14. Considering the nature of injuries and disability stated by the doctor to the limb Rs. 81,600/- awarded by the Tribunal towards ‘loss of income’ due to disability is just and proper and it does not call for enhancement. 15. Similarly, Rs. 5,000/- awarded by the Tribunal towards ‘future medical expenses’ is just and proper. 16. The claimant is entitled for the following compensation.- (i) Towards pain and suffering Rs. 25,000/- (ii) Medical expenses Rs. 3,300/- (iii) Conveyance, nourishment and attendant charges Rs. 10,000/- (iv) Loss of income during laid up period Rs. 9,000/- (v) Loss of amenities Rs. 15,000/- (vi) Loss of future income due to disability Rs. 81,600/- (vii) Future medical expenses Rs. 5,000/- Total Rs. 1,48,900/- 17. Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified. The claimant is entitled for a total compensation of Rs. 1,48,900/-as against Rs. 1,20,900/- awarded by the Tribunal with interest at 6% p.a. on enhanced compensation of Rs. 28,000/- from the date of claim petition till the date of realization. 18. The Insurance Company is directed to deposit the enhanced compensation within two months from the date of receipt of a copy of this judgment. Out of the enhanced compensation 50% with proportionate interest is order to be invested in fixed deposit in the name of the claimant in any Nationalised Bank or Scheduled Bank for a period of 7 years and the remaining 50% with proportionate interest is ordered to be released in favour of the claimant immediately after deposit. No order as to cost.