The court modified compensation based on enhanced computation for injuries, emphasizing just compensation for loss due to disability from an accident.

JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

MFA No.200306/2023 is filed by the claimant seeking enhancement of compensation as awarded in the judgment/award dated 28.09.2020, passed in MVC No.518/2019 by the II Additional Senior Civil Judge and MACT, Raichur.

2. MFA No.201271/2021 is filed by the insurance company challenging its liability to pay the compensation amount.

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

4. Learned counsel for the claimant would submit that in the other claim petitions arising out of the same accident, in MVC Nos.519/2019, 520/2019, 521/2019 and 522/2019, the insurance company has paid the compensation amount and therefore now the appeal filed by the insurance company challenging the liability does not survive for consideration.

5. Learned counsel for the insurance company does not dispute the fact that the insurance company has admitted its liability and paid the compensation amount in the claim petitions filed by the other claimants. In view of the same, the appeal filed by the insurance company challenging the liability does not survive for consideration and appeal requires to be dismissed.

6. Learned counsel for the appellant/claimant would contend that the accident has taken place in the year 2017 and the notional income fixed for the said year is Rs.10,250/- as per the income chart prepared for the purpose of Lok Adalath and the Tribunal has erred in taking the notional income of the claimant at Rs.7,000/- per month. The claimant has sustained two fractures i.e., radius and ulna and left hip joint and he is an agriculturist/coolie, he cannot perform his avocation and therefore disability taken at 15% as against disability stated by the doctor at 35% is on the lower side. The loss of income for the laid up period has not been taken by the Tribunal. The compensation awarded for attendant, conveyance, food and nourishment charges in a sum of Rs.4,000/- by the Tribunal is on the lower side, since the claimant has been admitted to hospital for eight days. The claimant has sustained two fractures and he is entitled for compensation towards pain and suffering in a sum of Rs.50,000/- as against Rs.30,000/- awarded by the Tribunal. The Tribunal has not awarded any compensation towards loss of amenities. With this, learned counsel for the appellant/claimant prays for enhancement of compensation.

7. Learned counsel for the insurance company would contend that the disability taken by the Tribunal is proper. He submits that the compensation awarded by the Tribunal is proper and correct.

8. Having heard the learned counsel for the parties, this Court perused the impugned judgment and the Trial Court records.

9. The accident has taken place on 26.01.2017 and the age of the claimant is 60 years. Considering the same, the notional income taken by the Tribunal at Rs.7,000/- per month is on the lower side and the notional income has to be taken at Rs.10,250/- per month as per the income chart prepared for the purpose of Lok Adalath. The injured was aged 60 years and therefore the applicable multiplier is 9.

10. The injured was agriculturist/coolie and due to fractures of radius and ulna and left hip joint, he cannot perform agricultural activities/coolie work and considering the same fact, the doctor assessed disability at 35% and the Tribunal has taken disability at 15%. Considering the fact that the claimant was doing agricultural/coolie work and due to the fractures sustained by him, he is not in a position to do agricultural/coolie work as he was doing earlier, the disability has to be taken at 20%. Hence, the claimant is entitled for compensation towards loss of future income in a sum of Rs.2,21,400/- (Rs.10,250/- x 12 x 20/100 x 9).

11. The Tribunal has awarded Rs.30,000/- towards pain and suffering. As the claimant has sustaine