The claimant in M.V.C. No.337/2017 on the file of the

Motor Accident Claims Tribunal, Ranebennur (for short,

‘the Tribunal’) is before this Court seeking enhancement of

compensation.

The Tribunal, by its judgment and award dated

01.09.2021, has awarded compensation as under:

- 3 -

Towards

medical

treatment,

hospitalization,

medicine,

transportation, nourishing food,

Miscellaneous expenditure

Rs.

25,000/-

Towards loss of income during

laid up period

Rs.

52,500/-

Towards loss of future income on

account of permanent disability

Rs.

2,67,750/-

4)

Towards pain & sufferings & loss

of amenities

Rs.

40,000/-

TOTAL Rs.

3,85,250/-

The Tribunal has awarded compensation at the rate of 9%

per annum from the date of petition till realization.

The

respondent

No.2-insurer

has

already

satisfied the award. The only question that needs to be

answered is,

whether the claimant is entitled for

enhancement of compensation.

4.

Perused the impugned judgment and award.

The records placed before the Tribunal would indicate that

the claimant has suffered 65% disability to the lower limb.

The Tribunal has taken 15% disability in order to calculate

the compensation towards ‘loss of future income on

account of permanent disability’. Having regard to the

- 4 -

nature of injuries suffered, the age of the claimant, this

Court deems it appropriate to take whole body disability at

22% to calculate the loss of income due to disability. Thus,

taking the disability at 22%, the income of Rs.8,750/- and

the multiplier ‘17’, as rightly taken by Tribunal, the

claimant would be entitled to a sum of Rs.3,92,700/-

[Rs.8,750 x 12 (months) x 17 x 22%] as compensation

under the head ‘loss of income due to disability’.

5.

As far as the compensation under the head

‘pain and suffering’ and ‘loss of amenities’ is concerned,

the Tribunal has awarded a sum of Rs.40,000/-. However,

this Court deems it fit to award a sum of Rs.50,000/-

towards ‘pain and suffering’ and Rs.50,000/- towards ‘loss

of amenities’, as the claimant has suffered 65% disability

to the lower limb. The compensation awarded by the

Tribunal under other heads are based on the material on

record which does not require any modification.

- 5 -

6.

On reassessment, the claimant is entitled to the

modified compensation as under:

Towards

medical

treatment,

hospitalization,

medicine,

transportation, nourishing food,

Miscellaneous expenditure

Rs.

25,000/-

Towards loss of income during

laid up period

Rs.

52,500/-

Towards loss of future income on

account of permanent disability

Rs.

3,92,700/-

4.

Towards pain & sufferings & loss

of amenities

Rs.

1,00,000/-

TOTAL Rs.

5,70,200/-

Thus, the appellant is held entitled to a total compensation

of Rs.5,70,200/- as against Rs.3,85,250/- awarded by the

Tribunal. The enhanced compensation of Rs.1,84,950/-

shall carry interest at the rate of 6% per annum.

7.

In the result, the following:

ORDER

(i)

The appeal is allowed in part.

(ii)

The impugned judgment and award of the

Tribunal are modified. The appellant is entitled

to a total compensation of Rs.5,70,200/- as

against Rs.3,85,250/- awarded by the Tribunal.

- 6 -

The enhanced compensation of Rs.1,84,950/-

shall carry interest at the rate of 6% per

annum.

(iii) The

second

respondent-insurance

company

shall

deposit

the

enhanced

compensation

amount along with interest within six weeks

from the date of receipt of a certified copy of

this order.

Sd/-

JUDGE

KMS

List No.: 1 Sl No.: 84