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2022 DIGILAW 404 (KAR)

Basavaraj S/o Hussainappa v. Duroji Rao S/o Laxmanrao

2022-03-23

N.S.SANJAY GOWDA

body2022
JUDGMENT N.S. Sanjay Gowda, J. - This is an appeal by the claimant seeking for enhancement of compensation. 2. The fact that an accident occurred on 13.09.2011 between the autorickshaw in which the claimant was traveling is not in dispute. It is also not in dispute that the said autorickshaw was insured and the claimant had suffered injuries. 3. The Tribunal after noticing that the claimant had suffered fracture of shaft right femur, has assessed the disability to the whole body at 5% and by taking the monthly income of the claimant at Rs.3,000/- it has awarded the following sums: Pain and suffering and loss of future earnings Rs.28,800/- Medical expenses Rs.3,550/- Total 32,150/- 4. The evidence of the Doctor, as observed by the Tribunal, was that the claimant was having pain in the right thigh and knee joint and he also suffered stiffness of right knee and ankle joint shortening of right lower limb by three injuries and was unable to walk for long distance. Ultimately the Doctor has opined that the claimant had suffered disability to an extent of 25% to his right lower limb. In my view, having regard to the fact that there was a major fracture, which has resulted in permanent disablement, it would be appropriate to consider 8% disability to the whole body as against 5% determined by the Tribunal. 5. In assessing the loss of income, the Tribunal has taken the monthly income of the claimant at Rs.3,000/- since there was no documentary evidence. In such cases, it would be more appropriate to adopt the notional income determined by the Karnataka State legal Services authority for the relevant year, which would be Rs.6,000/- per month. 6. The Tribunal has rightly adopted the appropriate multiplier of 16 as the claimant was aged about 32 years at the time of accident. Thus, the claimant would be entitled to an award on account of 'loss of future earnings' at Rs.92,160/-(Rs.6,000/- x 12 x 16 x 8%). 7. The Tribunal has awarded a sum of Rs.28,800/- towards pain & suffering and loss of future earnings. In my view, the claimant would be entitled to loss of future earning as stated above and the claimant would be entitled to a sum of Rs.25,000/- towards 'pain and suffering'. 8. Further, the claimant would be entitled to a sum of Rs.15,000/- towards 'loss of amenities'. 9. In my view, the claimant would be entitled to loss of future earning as stated above and the claimant would be entitled to a sum of Rs.25,000/- towards 'pain and suffering'. 8. Further, the claimant would be entitled to a sum of Rs.15,000/- towards 'loss of amenities'. 9. Having regard to the period of hospitalization, the claimant would be entitled to a sum of Rs.15,000/- towards 'food & nutritious, traveling and attendant charges etc.,'. 10. as the claimant had suffered fracture of shaft right femur, it would be appropriate to consider the loss of income during laid up period for a period of one month. Thus, on the score of 'loss of income during laid up period', a sum of Rs.6,000/-would have to be awarded to the claimant. 11. Thus, the claimant would be entitled to the following compensations: 1. Loss of future earnings RS .92,160/- 2. Pain and suffering Rs .25,000/- 3. Loss of amenities Rs .15,000/- 4. Food & nutritious, traveling and attendant charges etc. , Rs .15,000/- 5. Loss of income during laid up period Rs.6,000/- Total Rs.1,53,160/- 12. accordingly, the appeal filed by the claimant is allowed in part. 13. The claimant would be entitled to the total compensation of Rs.1,53,160/- as against Rs.32,150/- awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization. 14. The respondent No.3-Insurance Company is directed to deposit the entire compensation amount excluding the amount in deposit, if any, before the Tribunal within a period of six weeks from the date of receipt of a certified copy of this judgment.