Ramachandran Nair, J.,
The appellant is the claimant before the Tribunal. Aggrieved by the inadequacy of the compensation, he has filed this appeal. As against the total claim of Rs.3,43,100/-, the Tribunal has awarded only Rs. 68095/-.
2. He was working as a clerk in a Co-operative Bank aged 54 at the time of the accident. The accident occurred on 14.1.2007 while he was travelling in a motor cycle bearing Registration No. KL-2L/8239 as a pillion rider. The offending vehicle viz., a jeep bearing registration No. KL-4D/2235 which was coming in the opposite direction hit against the vehicle and he sustained serious injuries.
3. The Tribunal found negligence as against the driver of the offending vehicle. The applicant sustained the following injuries:
“1. Type II open comminuted supracondylar intercondylar fracture (R) Femur.
2. Fracture distal end (R) Radius.
3. Lacerated wound on the foot.”
4. He was initially treated in the Ambadi Hospital, Ayur and thereafter, at the Medical College Hospital, Thiruvananthapuram. He was treated there as inpatient for 17 days and 19% permanent disability has been certified. Ext.A13 is the disability certificate which shows that the appellant was found to have the following disabilities.
“1. Malunited supraintercondylar fracture (R) femur with articular incongruity and secondary traumatic osteorarthritis (R) knee.
2. Partial ankylosis (R) knee with only 10 degree of flexion from neutral position with mediolateral instability.
3. Half an inch shortening of (R) lower limb.
4. Quadriceps wasting of 7 cm (R) thigh.
5. United fracture lower end (R) Radius with persistent dorsolateral blt and inferior radio ulnar joint subluxation with arthritis.
6. Painful restriction of terminal degrees of dorsiflexion and supination.
7. Weak grip (R) Hand.”
5. The disability is assessed in the following manner: “1) Temporary Disability of 100% for 4 months from 15.1.2007.
2) Temporary Disability of 60% for 4 months from 15.5.2007.
3) Permanent residual disability of 19% as per MC Brides Scale”.
6. It is thus found that the disability is 19% as per the MC Brides Scale.
7. Learned counsel for the appellant submitted that Annexure A1 & A2 produced in the appeal will show that he was working as a salesman Higher Grade in the Nadakkal Service Co-operative Bank and in the year 2007 January, he was having a total monthly remuneration at Rs. 14,700/- whereas the Tribunal has taken Rs.2,500/- per month for assessing disability.
8. Learned counsel for the Insurance Company submitted that the disability has not affected his earning capacity and he has retired from service at the age of 58 and the multiplier take is 11 based on the notional income fixed. Even though learned counsel for the appellant submitted that the compensation towards disability should be calculated on the basis of the income, in the light of the fact that the appellant's earning capacity has not been affected by the disability, actually the appellant will be entitled to compensation for the permanent disability he is having. Apart from it due compensation for pain and suffering, loss of enjoyment of life and loss of amenities of life can be assessed. The amount granted towards bystander expenses etc. is also inadequate.
9. The Tribunal has fixed the compensation in the following manner:
10. We grant an amount of Rs. 4,250/- for by stander expenses and Rs. 25,000/- towards pain and suffering. We are of the view that permanent disability sustained by him will have to be adequately compensated. As we have already seen, he has got partial ankylosis (R) knee with only 10 degree of flexion from the neutral position with mediolateral instability. There is half an inch shortening of right lower limb. We grant a further amount of Rs. 75,000/- under this head. This will be in addition to the amount of Rs.49500/- granted by the Tribunal. The disability as such will cause lot of difficulties to the petitioner for free movement, resulting in loss of enjoyment of life and loss of amenities, for which we grant an amount of Rs.35,000/-. Thus the total amount of compensation will be Rs.1,98068/-.
(Rupees One lakh ninety eight thousand only)
11. The Tribunal awarded interest only at the rate of 7.5% and we enhance the interest to the rate of 9% p.a, from the date of petition, in the light of the decision of the apex court reported in Supe Dei(Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513].
12. The Insurance Company is directed to deposit the entire award amount less the amount already deposited within a period of three months.
The appeal is allowed as above. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
True copy Sd/- P.V.ASHA (JUDGE) P.A to Judge fair on 11.12