SRI MANOJ KUMAR v. THE MANAGING DIRECTOR, K. S. F. 7. C. DOUBLE FOAl), SF1 AATfIINAGAR

8. The appellant/claimant being aggrieved by the quantum of compensation Is In appeal before this Court. 6

9. The learned counsel appearing appellant/claimant contended that the tribunal has erred In not awarding just and commensurate compensation under all heads and it has not awarded any compensation towards future medical expenses despite the claimant having placed clinging evidence supported with documents. Hence a case for enhancement Is made out.

10. Per contra, the learned counsel appearing for the contesting respondent - Corporation supported the impugned judgment and award of the tribunal.

11. TakIng the rival submissions Into consideration, evidence and documents on record, the point that arises for our consideration Is: “Whether the appellant claimant has made out a case for enhancement?”

12. The accident having taken place on account of actionable negligence of the driver of the bus, the liability of 7 the respondent Corporation and the petitioner having sustained Injuries is not disputed before us.

13. It is the case of the petitioner that on account of the Impact he has sustained the following injuries: “Severe head injury with diffused SAH, right EDH. left parleto Temporal SDH with cerebral edema with multiple fracture of right Mastoid temporo—parietal region fracture clavicle.” He has examined the medical officer who has treated him. The evidence of medical officer PW.2 corroborates testimony of the claimant. Further It is also fortified from the wound certificate EX.P.6 that Is placed on record. Having regard to the nature of injuries the tribunal has awarded a sum of Rs.30,000/- towards Injury, pain and suffering. Taking Into consideration the nature and gravity of the Injuries the claimant has sustained which we have adverted to above, we are of the view that the claimant is entitled to an 8 additional sum ol Ps, 1 0000/ towards injury, pain and suffi’rin. Further the inipui.ned I udment reveals that claimant has been awarded only a sum of Ps, 5.000/’ towards loss of amenities. The mawriai on record discloses that the claimant has taken treatment in various hospitals br a period of 26 das for the injuries, which he has sustained in the a ident fhei eloi ( in oui ie ha in i card lo the a n’ of the injuries sustained he is entitled to an additional sum of Rs,20,000/- towards loss of amenities, Nextly, the tribunal has not awarded any compensation towards conveyance, nourishment and attendant charges. The material on record reveals that the c.iairr. ant has taken treatment in three ho.pitais namely Sarj eevini Hospital, Narayara Ne.tralaya and Nimhans for a period of 26 days. Therefore having regard to th..e nature and gra.vity of th.e. injuries and the period spe.nt in various h.ospirais. we are of t.he view the ela.imant entitled to a sum of IRs. 30,000/ towards conveyance. nourish. men t and attendant. chardes. The next, aspect t h at :t..as i— — I - — C I 9 petitioner, permanent disability that he has suffered and loss of future income of the petitioner. The petitioner has claimed that he was aged 20 years and had completed his computer course and was earning Rs. 12,000/- p.m. However, except producing certificate for having undergone a computer course for a period of five months no other clinching material is placed on record to show that he was earning Rs. 12,000/- p.m. In the absence of any clinching evidence placed on record as the accident has taken place on 11.12.2008 In view of the certificate that he has produced in the circumstances we hold that he being a skilled labour his income should be taken at Rs.4,500/- p.m. against Rs.3,000/- determined by the tribunal. Taking the same Into consideration the claimant would be entitled to loss of Income during laid up period for three months at the rate of Rs.4,500/- p.m. He has been awarded Rs.9.000/- towards loss of Income during laid up period. Therefore he would be further entitled to an enhanced sum of Rs.4,500/- under the head of loss of income during laid up period. The next aspect 10 to be considered is the percentage of permanent disability that he has suffered on account of the injuries sustained in the accident PW.2 is the medical officer who has treated the petitioner. According to PW.2 the petitioner has disabifity to an extent of 14% to his whole body. However the tribunal has taken at 10% to his whole body. Having regard to the nature of injuries we conflnn the same and take the permanent disability suffered by the petitioner on account of the injuries sustained at 10)6 only. We have already determined the income of the petitioner at Rs.4,500/- p.m. As he is aged 20 years as on the date of accident, the multiplier that becomes applicable to the facts of the case would be ‘18’. Taking all these aspects into consideration the claimant would be endUed to a total sum of Rs.97,200/- towards future loss of Income on account of permanent disability that he has suffered as against Rs.64,800/- awarded by the tribunal. The enhanced compensation under this head would come to Rs.32,400/-. Further we find from the material on record that the tribunal has not awarded any compensation towards 2 4 - i c 4 i C c - 2 ( ( C p 4 - I f 4 - 1 0 1 2 : 1 h 14 - 4 - 1 —Cc iC4 - 0T - i C CCC c ) C- I 4 4 Cp- — 0 1 p 4 - . 0 1 C C — 5 c1 1 — C — r C : 1 C - i c - j 4 - i Cc C 2 1 ( 1 1 - p4 I C i Cc 4 - 0 1 C 5 ) J -p 4 C p i c C 4 - i — c 2 ( ( 2 C 2 £ 0 1 C C i c 2 1 ( I - C i c 0 1 C 4 - 0 1 C i c C 0 1 4= - 4 - 2 1 - 4 i c 4 r C i c 0 1 — C 4 C- 0 1 q 4 - 0 1 4 - 2 ( ( i c i c C l C H 2 : 1 1 C — : 4 - C 4 - C 8 C 0 1 ( J ) J + r i c c 2C 1 ( ) J 1 + r ) c 4 2 C - i4 c i c C 0 £ i c C 4 i c - 4 - + - 1 ( C c s 2 0 C C C i c 0 1 1 - C C i c C C . 4 - S C C 4 - C 2 1 ( . 4 - c r c 4 - 0 1 4 - I f — 4 C 4 - i c C 4 - C C 4 - 0 1 C 4 - 4 - i 0c 2 1 4 - 4 - i c C c i 4 - C C C £ C z C D - 4 - i c 0 0 10I ( H C I I i c - 4 - • “ I — j £ C 2 - 4 12 Interest at 6% p.a. from the date of petition till realisatlon over and above the compensation that has been awarded by the tribunal. The respondent - Corporation shall deposit the entire enhanced compensation with interest before the tribunal within six weeks from the date of receipt of copy of the order. Out of enhanced compensation a sum of Rs. 1,00,000/- shall be deposited In the name of the petitioner In any nationalized/scheduled bank for a period of five years renewable by further period of five years and the petitioner Is entitled to withdraw the Interest accrued periodically on the said deposit. The balance of Rs.47,000/- with proportionate Interest Is ordered to be released in favour of appellant/claimant. Sd/a JUDGE Sd!