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2018 DIGILAW 565 (KAR)

Sidram S/o Raju Bhosale v. Siddu Mahadev Bhosale

2018-04-25

RAVI MALIMATH, S.G.PANDIT

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JUDGMENT : The claimant is in appeal seeking enhancement of compensation, being dissatisfied with the compensation granted in M.V.C.No.1786 of 2012 by the I Addl. Senior Civil Judge and MACT, Belagavi (for short, ‘the Tribunal’). 2. Brief facts of the case are that, the claimant suffered grievous injury in a road accident occurred on 18.07.2012, when he was on walk on the left side of Kulgod-Gokak road. When the claimant was near Laxmeshwar cross, a goods vehicle bearing No.KA-23/9426 came in a rash and negligent manner dashed the claimant. Due to the said accident, the claimant suffered grievous injuries. He took treatment as in-patient from 18.07.2012 to 06.08.2012. It is the claim that he spent more than Rs.2,00,000/-towards medical expenses and requires more than Rs.50,000/-for future medical expenses. He states that from his business, he was earning Rs.9,000/-per month. Further he states that due to the injury suffered, he has become permanently physically disabled. Therefore, the claimant filed claim petition claiming compensation of Rs.25,00,000/- 3. The respondents filed their objection for the claim petition denying the petition averments and stated that claim is exorbitant. They also denied the medical expenses and future medical expenses claimed. After enquiry, the Tribunal awarded a sum of Rs.6,13,000/-along with interest at the rate of 6% per annum 4. The claimant in support of his claim examined himself as PW-1 and treated doctor as PW-2 apart from producing Exs.P1 to P12. 5. The Counsel for the appellant submits that the Tribunal erred in taking physical disability at 30% when the treated doctor is of the opinion that the claimant has suffered 45% disability. Further, he submits that the income taken to determine the compensation is on the lower side and the amount awarded on the head of future medical expenses is also on the lower side. 6. The counsel for the respondent insurer submits that the compensation awarded is proper and submits that the claimant is not entitled for any enhancement. 7. We have heard the counsel for the parties and examined the records. 8. Ex.P4 is the wound certificate which indicates the injury suffered by the claimant. He has taken treatment as inpatient for almost 19 days. 7. We have heard the counsel for the parties and examined the records. 8. Ex.P4 is the wound certificate which indicates the injury suffered by the claimant. He has taken treatment as inpatient for almost 19 days. PW-2 is a treated doctor, who has stated that the claimant has suffered fracture of right 1st to 6th rib along post/lateral aspect, gross hydropneumothorax/haemothorax on the right side with premomediastinum causing gorses shift of mediastinum towards left side and partial collapse of right lung, burst anterior wedge compression fracture of D-12 vertebra. Further, the treated Doctor, PW-2 opined that the claimant has suffered total permanent disability to an extent of 45%. The claimant who is aged about 19 years at the time of accident stated that he was doing utensils business. Taking into consideration the nature of injury suffered and the evidence of the treated doctor, the disability of the claimant could be taken at 40% as against 30% taken by the Tribunal. 9. The Tribunal has taken the income of the claimant at Rs.5,000/-which is on the lower side. The accident is of the year 2012 and the notional income of the claimant could be taken at Rs.7,000/-per month considering the nature of business carried on by him. 10. Thus, the claimant would be entitled to compensation under the head of loss of future earning as follows: Rs.7,000/-x 12 x 18 x 40% = Rs.6,04,800/- 11. The compensation awarded under the head of pain and suffering, medical expenses, conveyance, special diet, etc., loss of amenities in life and marriage prospects is just and proper and same is not disturbed. The claimant who suffered grievous injury would have suffered loss of earning during the laid up period for a minimum period of six months. Therefore, he is entitled for a sum of Rs.42,000/-(Rs.7,000/-x 6). The claimant would be further entitled to litigation expenses of Rs.20,000/-. 12. With regard to future medical expenses, the claimant has not stated as to the nature of future treatment required. Hence, he would not be entitled for any compensation on the head of future medical expenses. However, it is made clear that if at all the claimant incurs any expenses towards any surgery or treatment on account of the injury suffered in the present motor accident and if he proves the same before the insurer, the insurer shall indemnify the same. 13. However, it is made clear that if at all the claimant incurs any expenses towards any surgery or treatment on account of the injury suffered in the present motor accident and if he proves the same before the insurer, the insurer shall indemnify the same. 13. Accordingly, the claimant is entitled for a total compensation of Rs.9,26,800/-as against Rs.6,13,000/-awarded by the Tribunal. 14. Thus, the claimant shall be entitled to a total compensation under the following heads: Sl. No. Particulars Amount 1. Pain and suffering Rs. 40,000/- 2. Loss of earning during laid-up period for six months Rs. 42,000/- 3. Loss of earning due to disability Rs.6,04,800/- 4. Towards medical expenses Rs.1,50,000/- 5. Conveyance, special diet etc. Rs. 20,000/- 6. Loss of amenities in life Rs. 30,000/- 7. Marriage prospects Rs. 20,000/- 8. Litigation expenses Rs. 20,000/- Total Rs.9,26,800/- Accordingly, there would be an enhanced compensation of Rs.3,13,800/-, which shall carry interest at the rate of 6% per annum from the date of petition till date of realization. 15. In the result, we proceed to pass the following: ORDER (i) The appeal filed by the claimant is allowed in part. (ii) The impugned judgment and award is modified to the extent that the appellant shall be entitled to enhanced compensation of Rs.3,13,800/-, which shall carry interest at the rate of 6% per annum from the date of petition till deposit. (iii) Respondent No.2-insurer shall deposit the enhanced compensation before the Tribunal within a period of six weeks from the date of the receipt of the certified copy of this judgment. (iv) On such deposit, Rs.2,00,000/-shall be kept in fixed deposit in the name of the appellant in any nationalized bank for a period of five years with liberty to him to withdraw the periodical interest accrued thereon. (V) Remaining amount shall be released in favour of the appellant, immediately on deposit being made. Registry to draw the modified accordingly. (vi) period of five years with liberty to him to withdraw the periodical interest accrued thereon. Remaining amount shall be released in favour of the appellant, immediately on deposit being made. Registry to draw the modified accordingly.