Proper assessment of injuries and compensation under Motor Vehicles Act enhances claimant's entitlement based on actual disability.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in the judgment and award dated 03.01.2024, passed in MVC No.1070/2020, by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi.

2. Brief facts leading to filing of the claim petition are as under:

That on 16.08.2020 at about 12-00 p.m. the claimant was proceeding towards Bidar on his motorcycle bearing registration No.KA-32/EL-6676. When he was opposite to Biradar Petrol Pump on Kalaburagi – Humnabad road on left side, at that time, Maruti Suzuki Car bearing registration No.MH-03/BE-8719 being driven by its driver in a rash and negligent manner and dashed to the motorcycle of the claimant. As a result of which, the claimant sustained grievous injuries and he has taken treatment in the hospital. The claimant filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation. The Tribunal assessed the compensation and passed judgment and award. The claimant seeking enhancement of the said compensation, has filed the present appeal.

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

4. Learned counsel for the appellant would contend that the claimant has sustained fracture of tibia and fibula and P.W.2, who is the treated doctor, has stated that the disability suffered by the claimant is at 45% and the Tribunal erred in taking disability at 10%. He further submits that the claimant has been admitted in the hospital for ten days. He further submits that the compensation awarded towards pain and suffering, loss of amenities and loss of income during laid up period are on the lower side. On these grounds, he prays to allow the appeal.

5. Per contra, learned counsel for respondent No.2/insurance company would contend that the disability taken by the Tribunal is proper and compensation awarded under all heads are just and proper. On these grounds, he prays to dismiss the appeal.

6. Having heard the learned counsel for the parties, this Court perused the impugned judgment and award and other material placed on record.

7. The age of the injured, date of accident and the liability of the insurance company are not in dispute. The claimant was aged 19 years as on the date of the accident i.e., 16.08.2020. The Tribunal has rightly taken the income of the claimant at Rs.13,750/- per month and rightly applied the multiplier 18.

8. The doctor P.W.2, who has treated the injured has issued disability certificate Ex.P.11 and stated that the claimant is having 45% disability. The claimant has sustained fracture of tibia and fibula. Considering the fact that there are two fractures and the evidence of P.W.2, the disability has to be taken at 20% as against 10% taken by the Tribunal. Hence, the claimant is entitled for compensation towards loss of future earnings as under:

Rs.13,750/- x 12 x 18 x 20% = Rs.5,94,000/-

9. Considering two fractures, the claimant is entitled for compensation of Rs.60,000/- towards pain and suffering as against Rs.40,000/- awarded by the Tribunal. Further, the claimant is entitled for compensation of Rs.50,000/- towards loss of amenities as against Rs.20,000/- awarded by the Tribunal. The claimant has been admitted in the hospital for ten days and he has been advised rest and therefore, he is entitled for compensation towards loss of income during laid up period for three months in a sum of Rs.41,250/- (Rs.13,750/- x 3 months) as against Rs.27,500/- awarded by the Tribunal. The Tribunal has rightly awarded medical expenses of Rs.1,10,567