AKBAR SAB S/O HANEEF SAB Vs. MEHABOOB SIKHANDAR GADDAKAR DRIVER OF K.S.R.T.C. BUS BEARING, THE MANAGING DIRECTOR K.S.R.T.C. HUBLI DIVISION AND THE CHAIRMAN INTERNAL SECURITY FUND KSRTC

JUDGEMENT

(1.) THE claimant in MVC. No. 198/05 is before this Court seeking enhancement of compensation as against the sum awarded by the Tribunal.

(2.) HEARD the learned Counsel for the parties and perused the appeal papers.

(3.) FIRSTLY keeping in view the wound certificate, which is marked as Ex.P6 and also the documents at Exs P7 and P9, the nature of the injuries and the treatment taken in this regard is established. in any event, the Tribunal after appreciating the said documents has arrived at the conclusion that the disability is to be taken at 10% and in this regard since the same has not been assailed, the same would have to be taken into consideration. However, while considering the compensation to be awarded under the head of loss of future income though the said disability has been noticed, the Tribunal has reckoned the income only at Rs. 2,000/ - per month. The counsel for the claimant contended that the claimant was working as a mechanic. It is no doubt true that the avocation was not proved by any documentary evidence and therefore, the income as claimed was not considered. However, the fact that the claimant was aged about 40 years as taken by the Tribunal cannot be in dispute. Therefore, even if the claimant was to engage in any other manual work, he would have earned Rs. 3,000/ - per month during the year 2005. As such the said income is reckoned. The multiplier, in view of the subsequent decision of the Hon'ble Supreme Court is 15 as against the one reckoned by the Tribunal. Hence, if the said parameters are adopted and the compensation is recalculated, under the head of loss of future income the compensation would be a sum of Rs. 54,000/ -. Since the Tribunal has awarded Rs. 33,600/ -, the claimant would be entitled to the balance of Rs. 20,400/ - under the said head. In addition to the aforesaid compensation, it is seen that the Tribunal has awarded only a sum of Rs. 10,000/ - towards pain and suffering. As noticed, the claimant has suffered two fractures and keeping in view the said injuries and the nature of the treatment, taken, the amount awarded is insufficient and as such a further sum of Rs. 10,000/ - is awarded under the said head. In addition to the same, for the very same reasons and considering the fact that there would be loss of amenities due to the nature of the injuries suffered a sum of Rs. 15,000/ - is awarded towards the same. That apart, to compensate the shortfall under the other heads including the amount towards loss of earnings during laid up period a sum of Rs. 5,000/ - is awarded. Therefore, the claimant in all is entitled to enhanced compensation of Rs. 50,400/ - with interest at the same rate as awarded by the Tribunal.