Appellate courts must adjust errors when lower courts misapply law, especially in calculating compensation based on disability and income, to ensure just outcomes.

JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. This appeal is filed by the appellant-claimant seeking enhancement of compensation as awarded in the judgment and award dated 22.02.2019 passed in MVC.No.232/2016 by the III Additional District and Sessions Judge and MACT, Raichur (for short ‘Tribunal’).

2. The facts leading to filing of claim petition are as under:-

That on 19.07.2015 the claimant and another were proceeding on a motorcycle bearing Reg.No.KA-34-R- 3324, when they reached near Hire Halla bridge on Manvi - Raichur road at about 04.30 p.m., at that time driver of Toofan Jeep bearing Reg.No.KA-36/R-3689 came in a high speed and in a rash and negligent manner and dashed to the motorcycle of the claimant. They fell down on the road and sustained severe injuries. The claimant taken treatment and filed the claim petition. The Tribunal assessed compensation and passed the impugned award. The claimant has filed the present appeal seeking enhancement of the compensation.

3. Heard learned counsel for the appellant-claimant and learned counsel for respondent No.2-insurance company.

4. Learned counsel for the appellant-claimant would contend that Ex.P.9 – disability certificate has been issued by the Medical Board when the matter is referred to them by the Court, wherein the disability of the whole body of the claimant is assessed as 20%. The Tribunal has erred in taking the disability at 6% without any reason for the said aspect. He further submits that as per the Chart prepared for settlement of disputes in Lok-Adalath by the Karnataka Legal Services Authority, the notional income for the year 2015 is Rs.8,000/- per month. The Tribunal has erred in taking the income of the claimant at Rs.7,000/- per month. He further submits that the compensation awarded for other heads i.e., loss of income during the laid per period and loss of amenities are on lower side. With these, he prays to allow the appeal.

5. Learned counsel for respondent No.2-insurance company would contend that the Tribunal has rightly taken the disability at 6% and rightly awarded the compensation under all other heads and there are no grounds to enhance the compensation. With these, he prays to dismiss the appeal.

6. Having heard learned counsel for the appellants and learned counsel for respondent No.2-insurance company, this Court perused the impugned judgment and Trial Court records.

7. The claimant was aged about 45 years as on the date of accident i.e., on 19.07.2015 and the liability of the insurance company are not in dispute. The claimant has sustained fracture of forearm. He undergone surgery and the said fracture is mal-united. Ex.P.9 is the disability certificate issued by the Medical Board. The claimant has been referred to the Medical Board for assessing the disability. The Medical Board after assessing the disability has issued Ex.P.9 – disability certificate, wherein it is stated that the claimant is having permanent physical disability at 20% of the whole body. Even though the said disability is issued by the Medical Board on the instruction of the Court, the Tribunal has erred in taking the disability at 6% as against 20%. Therefore, the disability has to be taken at 20% of the whole body, as per Ex.P.9 - disability certificate. The Tribunal has taken the income at Rs.7,000/-, but as per the Chart prepared for settlement of disputes in Lok-Adalath by the Karnataka Legal Services Authority, the notional income for the year is 2015 is Rs.8,000/- and the said income has to be taken.

8. In view of the above, the claimant is entitled to loss of future income as under :-

Rs.8,000/- x 12 x 14 x 20% = Rs.2,68,800/-.

9. The Tribunal has rightly awarded the compensation towards pain and suffering at Rs.30,000/-, medical expenses at Rs.5,000/-.

10. There is no document forthcoming in the records to show the number of days of admission of the claimant in the hospital. The Tribunal has awarded compensation towards attendant charges of Rs.10,000/- and towards food, nourishme