NARASIMHA MURTHY, S/O LATE VENKATA RAYAPPA Vs. UNITED INDIA INSURANCE COMPANY LTD., NO. 212, SFS 407, I MAIN ROAD, NEW TOWN, YELAHANKA, BANGALORE-560004 AND ANJANAPPA, S/O BYRAPPA, 5TH MAIN ROAD, SANJAYANAGAR, BANGALORE-560092

JUDGEMENT

(1.) LEARNED Counsel for the appellant submits that though the claimant sustained grievous injuries and permanent disability, the Tribunal has not awarded adequate compensation. Learned Counsel for the respondent no. 1 submits that the Tribunal has awarded adequate compensation and there is no good ground for enhancement of compensation.

(2.) PERUSED the LCR. It is the case of the claimant that he was 42 years old, earning Rs. 4,000/ - per month by working in a Garment Factory and he sustained grievous injuries in the motor accident that occurred on 14.12.2004. As per Ex.P.5 - wound certificate, the claimant sustained grievous injury and fracture of lateral condyle of tibia left. The claimant was treated as in -patient in KCG Hospital. It is submitted that the claimant was treated and applied POP cast and discharged. Thereafter, there was infection and therefore, the claimant was admitted to KCG Hospital on 18.4.2005 and discharged on 15.5.2005. Ex.P.9 is the case sheet pertaining to the case of the claimant as maintained in KCG Hospital. Ex.P.9 reveals that on 30.4.2005, the claimant was treated with OR + IF under special anesthesia and operated. The claimant has produced medical bills all amounting to Rs. 17,163.68. Ex.P.6 is the certificate issued by Mukesh Garments certifying that the claimant was working on a salary of Rs. 4000/ - per month. P.W.2 - Dr. M. Vishwaradhya has deposed that he examined the claimant on 3.8.2006 both physically and radio logically and there was limitation in the left knee. He has assessed the permanent disablement at 15%, with reference to lower limb and 25% with reference to the whole body. The Tribunal has fixed the permanent disability at 10% of the whole body. The Tribunal has fixed the income of the claimant at Rs. 36,000/ - per annum and has awarded compensation in favour of the claimant as under: <FRM>JUDGEMENT_2366_TLKAR0_2012.html</FRM>

(3.) Keeping in view the claimant is resident of Bangalore and the accident occurred in the year 2004, it would meet the ends of justice if the income of the claimant is fixed at Rs. 4,200/ -. The Tribunal has not awarded compensation towards loss of income during the period of treatment and rest. Taking into consideration, the nature of injuries sustained and that the claimant was operated under special anesthesia, it would meet the ends of justice if reasonable compensation is awarded. The Tribunal is justified in fixing the permanent disability at 10% to the whole body. The claimant was 42 years. Applying the ratio laid down in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 , multiplier 14 can be applied. In our view, the claimant is entitled for compensation as under: <FRM>JUDGEMENT_2366_TLKAR0_2012(2).html</FRM> Thus, the appellant/claimant is entitled for additional compensation of Rs. 79,760/ -.