JUDGMENT

This appeal is filed by the claimant challenging the judgment and award dated 25.05.2011 passed by the tribunal, in MVC No.165/2008 seeking enhancement of compensation.

2. Heard the arguments and perused the material placed before the Court.

3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.

4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries.

i) Fractured mal-united mandible- grievous hurt 20%.

ii) Loss of two lower front teeth

Nos.32 and 41- grievous hurt (5% per tooth) 10%.

iii) Damaged and broken two upper teeth Nos.23 and 24 (3% per tooth)

grievous hurt 06%.

iv) Two impaired face skins scars with restricted mouth opening – simple hurt 06%.

5. The tribunal has awarded compensation under various heads as under:

various heads as under:

6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

7. Considering the injuries sustained, a compensation of Rs.70,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.1,12,600/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.25,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.17,000/- (Rs.4,250/- x 4 months) towards loss of income during laid up period for a period of four months, is awarded.

8. The doctor has stated that the claimant had suffered 70% of physical disability to the particular limb. Therefore, considering the evidence of the doctor and evidence on record, 35% functional disability is taken into consideration as the claimant had suffered mal-united fracture, two broken tooth, scar on the face and other injuries.

9. Accordingly as per the age group mentioned in

National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, and as per the Division Bench judgment of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 and as per the judgment of the Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another reported in (2023) 3 SCC 439, even in the case of injuries, certain income is to be added towards loss of future prospects in life.

10. The accident is caused in the year 2008.

Therefore, notional income of Rs.4,250/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 35 years at the time of accident. In view of the decision of the Hon’ble Apex Court in case of 40% of the income is to be added towards loss of future prospects in life. Therefore appropriate applicable multiplier is 16. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.3,99,840/- (Rs.4,250/- + Rs.1,700/- = Rs.5,950/- x

35/100 x 12 x 16).

11. Thus, the claimant is entitled for total compensation under various heads as under:

12. Therefore, the claimant is entitled for total compensation of Rs. along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,61,000/- awarded by the

Tribunal.

13. In the result, I proceed to pass the following:

ORDER

i) The appeal is allowed in part.

ii) The judgment and award dated 25.05.2011 passed by the tribunal, in MVC No.165/2008

stands modified.

iii) The claimant is entitled for total compensation of along with interest at the rate of 6% p.a. from the date of petition till its realization.

iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

v) Send back the trial Court records alon