Compensation for injuries must consider appropriate income benchmarks and disability assessments to ensure fair redress.

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 18.02.2021 passed in MVC.No.296/2017 by the Addl. Senior Civil Judge and MACT, at Bidar (for short ‘Tribunal’).

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

That on 08.01.2017 at about 04.30 p.m. the appellant – claimant along with his friend were proceeding on a motorcycle bearing Reg.No.KA-38-L-4052 from Naubad to Bidar on the proper side in normal speed, at that time, the motorcycle bearing Reg.No.KA-38-L-9150 came from backside in a high speed and rash and negligent manner and dashed to the vehicle of the appellant – claimant from hind side. Due to which the appellant – claimant has sustained grievous injuries. The appellant - 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 the accident has taken place in the year 2017 and at that time the appellant – claimant was aged about 19 years and he was B.E. student. The income fixed in the Chart prepared for settlement of disputes in Lok-Adalath by the Karnataka Legal Services Authority, for the year 2017 is Rs.10,250/- per month and the Tribunal has erred in taking the income of the appellant – claimant at Rs.9,000/- per month. He further submits that the doctor who has issued the Ex.P.15 – disability certificate has stated that the appellant – claimant is having 46% disability on upper limb and 14% on the lower limb, inspite of the same, the Tribunal has erred in taking the disability at 12%. He further submits that the appellant – claimant has sustained five fractures and was admitted to the hospital for 31 days. Considering the same, the compensation awarded for pain and suffering, attendant and conveyance charges, loss of income during the laid up 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 12% and rightly awarded the compensation under all other heads. With these, she 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 date of accident, age of the appellant-claimant and liability of the insurance company are not in dispute. The appellant – claimant was aged 19 years as on the date of accident i.e., on 08.01.2017. Even though, it is contended that the appellant – claimant was a student in II semester of B.E. course, but no document is produced in that regard. As the income is not proved, the Tribunal ought to have taken the notional income as per the Chart prepared for settlement of disputes in Lok-Adalath by the Karnataka Legal Services Authority, but the Tribunal has taken the income of the appellant – claimant at Rs.9,000/- per month. As per the Chart prepared for settlement of disputes in Lok-Adalath by the Karnataka Legal Services Authority, the notional income for the year 2017 is Rs.10,250/- per month. Therefore, the said notional income at Rs.10,250/- per month is to be taken. The doctor who has issued the disability at Ex.P.15 has been examined as PW.2. He has stated that the appellant – claimant is having 46% disability of upper limb and 14% of lower limb. The appellant – claimant has sustained 05 fractures. Considering the same, the disability taken by the Tribunal at 12% is not proper and it is to be taken at 18% and the multiplier applicable is 18.

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