Mahesh v. Branch Manager New India Insurance Co Ltd. , Hassan
2020-11-03
NATARAJ RANGASWAMY
body2020
DigiLaw.ai
JUDGMENT Nataraj Rangaswamy, J. - This appeal is filed by the claimant seeking enhancement of compensation awarded by the Tribunal. 2. It is the case of the claimant that on 23.01.2012 at 7.00 pm., when he was riding a bike bearing registration No.KA-46-E-3824 as a pillion, the rider of the said vehicle drove it in a rash and negligent manner and dashed against another bike bearing registration No.KA-18-R-0080, due to which the claimant suffered serious injuries. The claimant contended that he was shifted to SC Hospital and thereafter, shifted to CSI Hospital, Hassan, where he underwent surgery for fixation of plants to treat the fracture of mandible. The claimant contended that he spent more than Rs.70,000/- towards medical expenses. He further stated that he had suffered a loss of income at the rate of Rs.15,000/- per month and due to the disability, he was unable to earn his livelihood. With this, the claimant filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of a sum of Rs.5,00,000/-. 3. The owner and the insurance company of the motor cycle bearing registration No.KA-46-E-3824 did not contest the proceedings, while the insurer of the motor cycle bearing registration No.KA-18-R-0080 contested the proceedings by filing the written statement. 4. Before the Tribunal, the claimant was examined as PW1 and he examined the doctor as PW2 and marked Exs.P1 to P10. The Tribunal considered the income of the claimant at a sum of Rs.4,500/- per month and having regard to the disability of 25% as deposed by PW2, the Tribunal considered the disability at 8% to the whole body and thus, adopting the multiplier of 14, the Tribunal awarded the following compensation. Heads under which compensation awarded Amount in Rupees Medical Expenses 15,000 Pain, injuries and sufferings 20,000 Loss of future earnings 60,500 Loss of amenities and enjoyment in life 10,000 Conveyance, nourishment and attendant charges 5,000 Loss of earnings during the period of treatment and rest 4,500 Total 1,15,000 5. The claimant has filed this appeal contending that the Tribunal ought to have considered the notional income at a sum of Rs.7,000/- per month having regard to the fact that this Court has adopted the same in the matters referred to the Lok Adalth for settlement.
The claimant has filed this appeal contending that the Tribunal ought to have considered the notional income at a sum of Rs.7,000/- per month having regard to the fact that this Court has adopted the same in the matters referred to the Lok Adalth for settlement. He also contended that the Tribunal failed to award future medical expenses in view of the evidence of PW2 who deposed that a sum of Rs.25,000/- is required for removal of implants. 6. On the contrary, the counsel for the insurer contends that the compensation awarded by the Tribunal is just, reasonable and does not call for any modification. 7. As submitted by the learned counsel for the claimant, the income of the claimant must have been taken at a sum of Rs.7,000/- and considering the aforesaid, the claimant is entitled to enhanced compensation towards loss of earning during laid up period and due to disability. This Court has consistently followed the procedure to grant two months earnings as the compensation towards loss of earnings for laid up period in the case of fracture. In that view of the matter, the compensation to which the claimant is entitled to, requires re-consideration and re-calculation which this Court does as follows: Heads under which compensation awarded Amount in Rupees Reimbursement of medical expenses 15,227 Compensation towards pain and suffering 25,000 Loss of future earnings 94,080 Loss of amenities 10,000 Conveyance, nourishment and attendant charges 5,000 Loss of earnings during the laid up period 14,000 Reimbursement of future medical expenses 25,000 Total 1,88,307 8. In view of the above, the appeal is allowed . The impugned Judgment and Award passed by the Tribunal is modified and the compensation is enhanced to a sum of Rs.1,88,307/- as against a sum of Rs.1,15,000/- awarded by the Tribunal. 9. The insurer of the motor cycle bearing registration No.KA-46-E-3824 is liable to pay the aforesaid compensation along with interest at the rate of 6% per annum from the date of claim petition till the date of realization. 10. The insurer is directed to deposit the compensation within a period of two months from the date of receipt of a certified copy of this order.