LAWS(KAR)-2012-1-339

SOUMYA D/O CHANDRAIAH Vs. M/S SHILPA TRANSPORT SERVICE R/BY ITS MANAGER, GIDC ESTATE, PLOT NO. 284, RANOLD, BARODA, GUJARATH STATE, THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., WAIVE BUILDING, II FLOOR, MONPADE ROAD, DOMBVLI EAST, GUJARAT

Decided On January 03, 2012
Soumya D/O Chandraiah Appellant
V/S
M/S Shilpa Transport Service R/By Its Manager, Gidc Estate, Plot No. 284, Ranold, Baroda, Gujarath State, The Branch Manager United India Insurance Co. Ltd., Waive Building, Ii Floor, Monpade Road, Dombvli East, Gujarat Respondents

JUDGEMENT

(1.) THE appellant is before this Court seeking enhancement of compensation

(2.) LEARNED counsel for respondent No. 2 - Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground for enhancement of compensation

(3.) THE Tribunal has held that the accident occurred due to rash and negligent driving of the tanker lorry and in that accident, the claimant aged about 9 years old sustained grievous injuries. After perusing the evidence of the father of the minor olaimant and PW 2 - Dr. G. GopalKrishna and documents at Exs.P1 and P2, the Tribunal has awarded compensation as under : <FRM>JUDGEMENT_3229_TLKAR0_2012.htm</FRM> 3. As per Ex.P5 - wound certificate, the claimant sustained in all 4 injuries. Medical Officer has opined that injury No. 3 is grievous in nature. In other words, the claimant sustained fracture of lower 1/3rd of left tibia, abrasion irregular over chin, a large avulsion injury on medial side of right leg below knee joint up to ankle joint, laceration over left side of planter aspect below toes (base), abrasion irregular 6/4 can over lateral aspect right leg below knee joint The claimant was admitted Hospital at Tumkur and treated as in patient from 22 -03 -2001 to 4 -4 -2001. PW -2 - Dr. Gopala Krishna has deposed that the claiment sustained fracture of lower 1/3rd of left tibis, Avulsion injury in the posterior aspect of right leg (degloving injury) of right lag and the claiment was treated conservatively in Government hospital He bas further deposed that the claiment was treated in B. Siddaramanns Nursing Home, Tumkur and also took fellow up treatment. Thus, in his evidence it is indicated that on 25.7.2006 he examined the claimant and noticed the following : - a. She limps on lower limb. b. Westing of muscles of right kg. c. Grefied akin on right lag extending from knee to ankle, loss of sensation over grafted skin area. d. Movememts of the right ankle: dorsi -flexion 10, extention 10, inversion/eversion nil e. Fracture of left tibia clinically well united f. Squatting, cross -leg sitting partially possible. g. Movement of right knee : flexion 90, extension full. PW2 has opined that the claimant has got 35% disability on right lover limb and 17.5% to the whole body. 4. Permanent disability can be safely fixed at 10% of the whole body. The claiment was aged 9 years at the time of accident Therefore, question of earning income does not arise. However attaining majority she would earn Rs. 6,000/ - per month. Thus Loss of future earning can be fixed at Rs. 600/ - par month. Photograph of the injured at Ex. P13 reveals deformity (on account of degloving injury) in the right leg and the Tribunal is justified in awarding compensation towards loss of marriage prospects. In our view, the claimant is entitled for compensation as under: <FRM>JUDGEMENT_3229_TLKAR0_20121.htm</FRM> 5. In the result the appeal is partly allowed, holding that the claimant is entitled for additional compensation of Rs. 1,83,500/ - along with costs and interest@ 6% p.a. from the date of petition till realization. According, the impugned judgment and award are modified. 6. Respondent No. 2 - Insurance Company is directed to deposit the additional compensation amount along with costa and interest with the Tribunal within three monthe from today.