Asha, J. Claimant in O.P(MV) No.350 of 2011 on the file of the Motor Accident Claims Tribunal, Tirur, has filed this appeal claiming enhancement in the compensation. The appellant met with an accident on 27.02.2011 while he was riding a motorcycle and it was hit by a bus bearing No.KL 10 Y 9099. He sustained severe injuries and was admitted in the hospital.
2. The appellant sustained the following injuries:
“Type II open severely comminuted fracture both bones right leg with bone loss, fracture media malleolus right ankle, head injury fracture, facial bones, left parietal EDH, right temporal contusion, fracture left parasymphysis and fracture right ankle of mandible.”
He had to undergo treatment as an inpatient for a period of 26 days and had to undergo major surgeries, and thereafter treatment as outpatient on 46 occasions. As per Ext.C1 disability certificate issued on 25.02.2014, the District Medical Board, Government Hospital, Manjeri, certified that appellant is having 25% permanent partial disability, with complaints of stiffness of Right ankle, difficulty in squatting, shortening of right lower limb by half inches, deformity on functional position, difficulties in climbing stairs, walking, etc, on account of the injuries. At the time of accident, the petitioner was 25 years old. He was working in a Bakery and he claimed that he was earning Rs.300/- per day. The Tribunal took the income as Rs.4,000/- per month for the purpose of compensation and granted an award to the tune of Rs.5,28,800/-. The appellant has approached this Court dissatisfied with the quantum of compensation.
3. On going through the records and the impugned judgment, we find that the Tribunal has granted reasonable amounts as compensation except on a certain heads of claim. The appellant claimed that the compensation has been assessed without reckoning his disability as 25%. But we find that the Tribunal has assessed the compensation reckoning 20% functional disability and awarded a sum of Rs.1,72,800/- applying multiplier of 18, reckoning the monthly income @ Rs.4000/;, even in the absence of any evidence. As far as pain and suffering is concerned, a sum of Rs.30,000/- alone is granted. We find that a sum of Rs.40,000/- is admissible, considering the grievous nature of the injuries sustained. It is seen that the petitioner has incurred deformity in his lower limbs, which affects his marriage prospects. We therefore find it just and proper to grant a sum of Rs.25,000/- each towards the heads of deformity and loss of marriage prospects. The compensation due to the petitioner is modified accordingly as follows:
Thus the petitioner will be entitled to a sum of Rs.5,88,800/- (Rupees Five lakhs eighty eight thousand eight hundred only) towards compensation. The Insurance Company will make the payment within a period of three months, after deducting the payment if any already made, along with interest @ 9% per annum and on such payment is being made, the claimant can withdraw the amount.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge