JUDGMENT : S.N. Satyanarayana, J. 1. The claimant in MVC No. 210 of 2008, on the file of Motor Accident Claims Tribunal, Arkalgud, has come up in this appeal seeking enhancement of compensation. Heard the learned Counsel for the appellant and perused the judgment impugned with reference to the pleadings, oral and documentary evidence. 2. On going through the same, it is seen that the accident dated 18-11-2005, which has taken place at about 12.30 p.m., near the land of Kujiraman of Alen Bala Village, involving JCB Tipper bearing Registration No. KA-14-R-23400, resulting in injuries to claimant is not in dispute. It is also not in dispute that in the said accident, the claimant has suffered grievous injuries to the right kidney, which was removed ultimately in a surgery which was conducted to the right trunk and stomach which were also extensively damaged and subsequently surgically attended. 3. In addition to that, he has also suffered injuries to hands, legs and also his face. The material on record would indicate that immediately after the accident, the claimant was taken to Kanjangad Deepu Nursing Home, where he was provided with first aid treatment and thereafter he was admitted to K.M.C. Hospital, Mangaluru. The record would disclose that he was inpatient in K.M.C. Hospital for a period of four months and he was also taking follow-up treatment continuously for a period of six months as out-patient. In the meanwhile, the claim petition is filed seeking compensation for the aforesaid injury. 4. In the said proceedings, the claimant has adduced evidence as P.W. 1 and relied upon as many as 13 documents, which includes Police Documents as well as Medical Records, which are marked as Exhibits P. 1 to P. 13 in support of his claim. With reference to the injuries suffered to his abdomen region and other parts of the body and removal of right kidney the Doctor of K.M.C. Hospital has adduced evidence as P.W. 2. 5.
With reference to the injuries suffered to his abdomen region and other parts of the body and removal of right kidney the Doctor of K.M.C. Hospital has adduced evidence as P.W. 2. 5. On going through the evidence of P.W. 2 who has treated the claimant right from the date of admission to K.M.C. Hospital, till his discharge and also taken continuous follow-up treatment has clearly stated that a surgery was conducted on the polar region of the claimant stomach and the right kidney was removed, that the functioning of the left kidney is also decreased and that C.T. Scan is also conducted on the claimant who has sustained extensive damage to the trunk portion of his body and stomach. In the cross-examination, he has stood by the evidence tendered in the examination-in-chief and reaffirmed all the injuries raising out of the accident involving J.C.B. Tipper, which has caused the accident and he has further reiterated that since the claimant is surviving on only one kidney which is also infected to certain extent, he is susceptible to infection and serious illness at any time, unless he takes proper care. That he would not be in a position to lead normal life as he was doing earlier to the accident. 6. The Court below taking into consideration the aforesaid evidence in support of the pleadings already on record proceeded to award compensation in a sum of Rs. 2,70,600/-, which is apportioned under various heads as under: 1. Pain and agony Rs. 2. Medical expenses including nourishment and attendant charges Rs. 25,000/- 3. Loss of income during the treatment Rs. 12,000/- 4. Loss of further earning Rs. 1,53,600/- 5. Further medical expenses Rs. 30,000/- 6. Future unhappy Rs. 10,000/- 7. Shorting of life Rs. 10,000/- Total Rs. 2,70,600/- The claimant being aggrieved by the quantum of compensation awarded by the Tribunal, has come up in this appeal. 7. After hearing the learned Counsel for the appellant and the respondent and on going through the records, this Court feels that the compensation which is awarded by the Tribunal is a meager sum compared to the magnitude of the injury and consequence suffered by the claimant. Hence, the compensation awarded is required to be reassessed independently. 8. In the facts and circumstances of the case, the compensation awarded towards 'pain and agony' is enhanced to Rs. 1,00,000/- as against Rs. 30,000/-.
Hence, the compensation awarded is required to be reassessed independently. 8. In the facts and circumstances of the case, the compensation awarded towards 'pain and agony' is enhanced to Rs. 1,00,000/- as against Rs. 30,000/-. So far as 'medical expenses' is concerned, the compensation which is awarded by the Tribunal at the rate of Rs. 25,000/- is based on the documents available on record and the same is held to be sufficient. Admittedly, the accident has taken place in the year 2005. During which period the age of the claimant was around 21 years and there is nothing on record to show that he was gainfully employed. Hence, by taking his income notionally at Rs. 3,000/- per month, he is awarded loss of income for a period of one year at Rs. 36,000/- per annum. So far as 'future medical expenses' are concerned, the Doctor has opined that he has to be under continuous medical supervision for rest of his life. Therefore, the compensation awarded towards 'future medical expenses' is increased from Rs. 30,000/- to Rs. 50,000/-. With reference to 'attendant charges nourishment food and conveyance during the period when he was in hospital', it is held that the claimant is entitled to a sum of Rs. 25,000/-. The claimant is aged only 21 years as on the date of the accident. Hence, towards 'future unhappiness' a sum of Rs. 75,000/- is awarded. 9. The Court below has awarded Rs. 10,000/- towards 'shortening of life', for the reason that the claimant has difficultly to survive only with one kidney. In that view of the matter, the compensation awarded in a sum of Rs. 10,000/- is on lower side. The same is required to be enhanced. In addition to that the claimant is also entitled for compensation under the head loss of marital prospects. Hence, the compensation together under both the heads is awarded in a sum of Rs. 1,00,000/-. 10. When it comes to 'loss of future earning' by taking the income at Rs. 3,000/- per month and the disability is taken at 60% and compensation is calculated as under:- "Rs. 3,000 x 60% = Rs. 1,800 x 12 x 18 = Rs. 3,88,800/-." Hence, the claimant is entitled for a compensation of Rs. 3,88,800/-. Thus, as against Rs. 2,70,600/-, the claimant is entitled for a revised compensation in a sum of Rs. 8,24,800/-.
3,000/- per month and the disability is taken at 60% and compensation is calculated as under:- "Rs. 3,000 x 60% = Rs. 1,800 x 12 x 18 = Rs. 3,88,800/-." Hence, the claimant is entitled for a compensation of Rs. 3,88,800/-. Thus, as against Rs. 2,70,600/-, the claimant is entitled for a revised compensation in a sum of Rs. 8,24,800/-. In other words, the claimant is entitled for an enhancement in a sum of Rs. 5,54,200/-, payable with 6% interest from the date of petition till the date of deposit of the amount. It is made clear that from out of the total compensation with interest a sum of Rs. 5,000/- is ordered to be released in favour of claimant to meet litigation expenses and other expenses. The remaining amount shall be deposited in a nationalised bank for a period of 10 years, with right to receive interest periodically, to meet the expenses of the claimant. With these observations, this appeal is disposed off.