Assessment of compensation for personal injury must consider loss of future income, ongoing medical treatment, and statutory guidelines for notional income.

JUDGMENT :

Shivashankar Amarannavar, J.

This appeal is filed by the appellant –claimant seeking enhancement of compensation as awarded in the judgment and award dated 23.07.2021 passed in MVC No.243/2019 by First Additional Senior Civil Judge and JMFC and MACT, Raichur.

2. Facts leading to file claim petition are as under;

That on 23.07.2017, the claimant and her mother has been to Sri Sai Temple to perform the pooja. After that they have boarded NEKRTC bus bearing No. KA -36 F- 783. At about 2.30p.m., both of them got down at Narakaladinni Village and at that time, driver of the bus without alighting or blowing horn has suddenly started the bus negligently and due to his said act, left side wheel of the said bus has passed on the legs of the claimant. The claimant has sustained injury and filed claim petition. The Tribunal has assessed the compensation and passed the award. Being not satisfied with compensation awarded by the Tribunal, the claimant has filed this appeal for enhancement of compensation.

3. Heard learned counsel for the appellant and learned counsel for respondent No.2.

4. Learned counsel for the appellant would contend that the claimant was aged 07 years as on the date of accident. Due to the accident her left leg sustained crush injury, due to it she lost her toes and she is taking treatment till date. He submits that doctor has stated disability at 35%. He further submits due to accident, there is loss of income due to disability. He submits that the accident has taken place in the year 2017, at that time, notional income fixed by the Legal Services Authority for settlement of disputes in Lok-Aadalath for year 2017 is Rs.10,250/-. He submits that the claimant is entitled future prospectus at 40%. He further submits that the claimant was admitted in the hospital for 42 days and considering the same compensation awarded by the Tribunal for attendant and conveyance charges is on lower side. He submits that till date the claimant is taking treatment as there is formation of pus in her left foot in the place of injury. Therefore, she is entitled to higher medical expenses than the tribunal awarded. He placed decision of Co-ordinate Bench of this Court in the case of Sagar S/o Devindra Vs Umesh S/o Ayyappa and Ors , [reported in NC : 2025:KHC-K:3234]. With these, he prays to allow the appeal and enhance the compensation.

5. Learned counsel for respondent No.2 would contend that the Tribunal taking into consideration of decision of Hon’ble Apex Court in the case of Master Mallikarjun Vs the Divisional Manager, National Insurance Company Ltd and another , [Reported in (2014) 14 SCC 396 ] has rightly awarded compensation. There are no grounds for enhancing compensation. With these, he prays to dismiss the appeal.

6. Having heard learned counsels, this Court has perused impugned judgment and materials placed on record.

7. The date of accident, age of claimant and liability of respondent No.2. –Insurance company are not in dispute. The accident is taken place on 23.07.2017. As on the date of accident, the claimant was aged 07 years. Due to the accident, the claimant was admitted in the hospital for 42 days. The doctor - P.W.2 who examined her/claimant has issued disability certificate –Ex.P8 and stated that the claimant has 35% disability of the whole body. The Co-Ordinate Bench of this Court in the case of Sagar (supra) considering the decisions of Hon’ble Apex Court and this Court has observed thus;

“34. The guidelines issued by the KSLSA for the purpose of settlement of disputes before the Lok adalat prescribe a notional income of Rs.13,250/- per month for the year 2019. In umpteen number of judgments including the judgment in the case of Smt