A.K. YOOSUF Vs. C.S. LIMBASH

JUDGEMENT

(1.) THE appellant is the injured in a motor vehicle accident. The accident occurred when a motor cycle hit him while he was standing on the side of the road. He sustained very severe injuries and was taken to hospital. As per the discharge summary card Ext.A5 issued from Baby Memorial Hospital, Calicut, he was found to have fracture shaft of right femur distal 1/3rd, supracondylar, intercondylar fracture (L) femur, fracture medial malleolus (R) ischemic heart disease, diabetes mellitus. It is seen that he was initially admitted in Al -shifa Hospital, Perinthalmanna, where he underwent treatment from 08.12.2001 to 29.12.2001. He was thereafter readmitted there on 09.01.2002 and discharged on 17.01.2002. On 17.01.2002 he was admitted in the Indira Gandhi Co -operative Hospital, Thalassery, and was discharged on 23.01.2002. He was again admitted in Baby Memorial Hospital, Calicut on 23.01.2002 and discharged on 05.02.2002. He underwent treatment in Government General Hospital, Mahe also during the period from 05.02.2002 to 28.02.2002. Again he was admitted in Tellichery Co -operative Hospital, Thalassery, on 17.04.2003 and was discharged on 23.04.2003. The disability certificate shows that he incurred 40% disability. The injuries as well as the particulars of treatment and disability are proved by the appellant through Exts.A4 to A15 documents. Towards medical expenses, he incurred a sum of Rs. 1,79,303.96 and the Tribunal has awarded the same.

(2.) THE Tribunal has awarded a sum of Rs. 2,66,605/ - as total compensation. The appellant claimed that he was working as Manager of Milan Bakery owned by his son. He was aged 55 years and claimed a monthly income of Rs. 4,000/ -. The Tribunal reckoned his monthly income at Rs. 1,800/ - and awarded a sum of Rs. 69,120/ - towards disability compensation. The appellant is seeking enhancement on the ground that the amount awarded under various heads are inadequate.

(3.) THE appellant was aged 55 years and his claim is that he was earning monthly income of Rs. 4,000/ -, out of the avocation as Manager of Milan Bakery owned by his son. The Tribunal reckoned his income only @ Rs. 1,800/ - per mensem. The appellant was examined himself as PW1 and deposed as to the income earned by him and other claims. In the light of the circumstances of the case and in the absence of evidence to the contrary, we deem it fit to fix the income @ Rs. 2,500/ - per mensem. The compensation towards disability is therefore recalculated and the same will come to Rs. 96,000/ -. Towards loss of earnings, the Tribunal has awarded only a sum of Rs. 4,860/ - for a period of 3 months. Going by the records of the treatment undergone by the appellant, we find that he had been under continuous treatment for a period of more than one year. Therefore the loss of earnings has to be recalculated for a period of one year @ Rs. 2,500/ - per mensem and he will be entitled to a sum of Rs. 30,000/ - under that head. He underwent treatment as an inpatient for a period of 81 days. The Tribunal awarded a sum of Rs. 2025/ - alone towards expenses for hospital attendant. We refix the amount @ Rs. 150/ - and he will be entitled to a sum of Rs. 12,150/ -. He has undergone treatment in several hospitals and therefore, towards transportation charges we award a sum of Rs. 4,000/ - and towards extra nourishment we enhance the amount to Rs. 5,000/ -. The Tribunal has awarded a sum of Rs. 250/ - alone towards damage to clothing and we refix the same as Rs. 500/ -. Towards pain and sufferings, the Tribunal has awarded a sum of Rs. 8,000/ - alone. Going by the grievous nature of injuries sustained to appellant, the prolonged treatment already undergone and the necessity for continued treatment, we find it just and reasonable to award a sum of Rs. 60,000/ - towards pain and sufferings. Similarly he will not be in a position to enjoy the normal avocation and the amenities of life due to the impact of the accident and the disability incurred. Therefore, we award an amount of Rs. 50,000/ - towards loss of amenities and loss of enjoyment of life as well as loss of shortened expectation of life. Accordingly we refix the compensation as follows: