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2022 DIGILAW 544 (KAR)

Shahabuddin v. Ashwin Vinod Bin Vinod Kuroop

2022-04-18

N.S.SANJAY GOWDA

body2022
JUDGMENT 1. In respect of an accident which occurred on 15/1/2018, which is not in dispute, a claim petition was preferred by the claimant in respect of the injuries suffered by him. 2. The Tribunal on assessment of the medical evidence came to the conclusion that though the doctor had assessed the disability to the extent of 75% to the limb, as regards the whole body, disability was to be taken at 15%. The Tribunal has accordingly awarded the following sums: 3. The discharge summary, Ex.P.14 indicates that the claimant had suffered the following injuries: 1. Comminuted fracture of right acetabulum involving both anterior and posterior columns and roof. The fracture extends superiorly along the iliac bone upto the crest, 2. Fracture of right inferior and superior pubic rami, 3. Fracture of anterior column of left acetabulum. and the diagnosis was as follows: 1. Femur shaft fracture left side distal 1/3rd level 2. Comminuted fracture right ilium with comminuted fracture of right anterior column acetabulum with undisplace fracture of posterior column. 4. It is stated that he was given the following treatment. 1. CRIF with IMIL nail for femur fracture left side, 2. Skeletal traction given for right pelvis fracture, 3. ORIF with 2.5 mm Recon plate + CC screws 4. 3 units of blood transfused 5. The doctor who was examined has stated that the claimant's right leg had been shortened by half an inch. In my view, having regard to the fractures sustained and the medical evidence adduced, it would be appropriate to consider the whole body disability at 25% instead of 15%. 6. As regards the monthly income, the income determined by the Karnataka State Legal Services Authority, in respect of the accident of the year 2018, is to be considered as Rs.11,750.00 in the absence of any documentary evidence. Consequently, I hold that the notional income of the claimant was Rs.11,750.00 p.m. 7. Thus, on account of the loss of future income, the claimant would be entitled to a sum of Rs.4,93,000.00 (Rs.11750.00X12X25%X14). 8. The Tribunal has awarded a sum of Rs.40,000.00 towards pain and suffering. In my view, this sum would have to be enhanced to Rs.75,000.00. 9. Consequently, I hold that the notional income of the claimant was Rs.11,750.00 p.m. 7. Thus, on account of the loss of future income, the claimant would be entitled to a sum of Rs.4,93,000.00 (Rs.11750.00X12X25%X14). 8. The Tribunal has awarded a sum of Rs.40,000.00 towards pain and suffering. In my view, this sum would have to be enhanced to Rs.75,000.00. 9. The evidence on record indicates that the claimant was hospitalized for 9 days and having regard to the fractures sustained by him, it is obvious that he would not be in a position to work for atleast three months. Consequently, the claimant would be entitled to Rs.35,250.00(11,750X3) towards loss of income during laid up period. 10. The sum of Rs.1,89,570.00 awarded towards medical expenses being based on documentary evidence is confirmed. 11. The sum of Rs.24,000.00 awarded towards nourishment, attendant charges etc., is increased to Rs.40,000.00. 12. The Tribunal has not awarded any sum towards loss of amenities. In my view, having regard to the nature of the injuries suffered by the claimant, it would be appropriate to award a sum of Rs.50,000.00 under the said head. 13. Hence, the claimant is entitled to the modified award which reads as under: 14. Thus, the claimant is entitled for total compensation of Rs.8,82,820.00 as against the sum of Rs.4,56,970.00 awarded by the Tribunal. 15. In view of the above, I pass the following: ORDER (i) The appeal is allowed in part, (ii) The Judgment and Award dtd. 23/8/2019 passed in MVC No.1961/2018, on the file of the II Addl. District and Sessions Judge and Motor Vehicles Accident Claims Tribunal, Belagavi, is hereby modified. The claimant is entitled to a total compensation of Rs.8,82,820.00 as against the sum of Rs.4,56,970.00 awarded by the Tribunal. The enhanced compensation of Rs.4,25,850.00 shall carry interest @ 6% p.a. from the date of claim petition till the date of deposit, (iii) The Insurance Company/2nd respondent is directed to deposit the enhanced compensation after deducting the compensation already paid along with interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment, (iv) The amount awarded shall be disbursed in the same terms as that imposed by the Tribunal.