1. MFA.No.20965/2013 is filed by the insurance company challenging the liability imposed on them.
2. MFA.No.24602/ 2013 is an appeal filed by the claimant seeking for enhancement of compensation.
3. The fact that an accident occurred on 26.10.2011 when the claimant is a 20 year old lady, was riding pillion on the motorcycle driven by her husband is not in dispute. The fact that, the said motorcycle had an impact with an Autorikshaw bearing registration No. KA.34/ A.6383 is also not in dispute and fact that the said Autorikshaw was insured is also not in dispute.
4. The Tribunal after recording a finding regarding the accident has assessed the compensation payable to the petitioner in a sum of Rs.2 ,81,452 /- and has awarded 7% interest on the said amount.
5. The insurer, is in appeal, contending that it would not be liable since there was a breach of policy conditions.
6. As far as this contention is concerned, in view of the Full Bench decision of this Court in the case of New India Assurance Co. Ltd., Bijapur Vs. Yallavva W/o Yamanappa Dharanakeri and another reported in 2020(2) AKR 484, the contention of the insurer cannot be accepted. If the insurance company were to complain of a breach of policy condition, the insurance company would have to first satisfy the award and thereafter proceed to recover the same from the owner of the vehicle.
7. The appeal therefore, by the insurance company regarding liability is devoid of merits and the same is dismissed.
8. As far as the appeal of the complaint is concerned, the Tribunal has assessed the notional income of Rs.4 ,127/- per month since there was no documentary evidence regarding her income. In such a situation, in my view it would be prudent to adopt the monthly notional income determined by the State Legal Services Authority for determining compensation in Lok- Adalath cases, which for the year 2011, would be a sum of Rs.6 ,000/-.
9. The Tribunal has recorded a finding that the claimant has suffered a disability to the extent of 14% to her whole body. The said percentage of disability being just and proper, the same is affirmed. Thus, the net notional income to be taken for calculating compensation would be Rs.840/- ( 14% of Rs.6 ,000 /-).
10. Since I have held that the claimant was having a notional income of Rs.840/- for the purpose of determining compensation by applying the multiplier of ‘18’ as the claimant was aged 20 years as on the date of accident. She will be entitled to a sum of Rs.840 X 12 X 18 = 1,81,440/- towards loss of future earning capacity.
11. Since the income is now taken as Rs.6,000/-, the loss of earning during laid up period would have to be enhanced to Rs.18 ,000/- as against Rs.12,381/- awarded by the tribunal.
12. The sums awarded by the Tribunal towards medical expenses and other expenses being based on documentary evidence does not require any enhancement and the same is affirmed.
13. The Tribunal has awarded a sum of Rs.20 ,000/- towards future expenses. The Doctor has opined that the claimant would require a further sum of Rs.30 ,000/- for future medical expenses and therefore in my view this sum would have to be enhanced from Rs.20 ,000/- to Rs.30,000/-.
14. The Tribunal has awarded a sum of Rs.50 ,000/- towards pain and suffering. After noticing the fact that the claimant has suffered 35% disability to her limb and 14% disability to her whole body and the fact that she was laid up for more than three months, in my view, interest of justice would be served, if the said sum is enhanced from Rs.50,000/- to Rs.75,000/-.
15. The Tribunal has despite noticing that the claimant has suffered a disability of 14 % to the whole body, has not awarded any sum towards loss of amenities. In my view, having regard to the extent of disability, award of a sum of Rs.50,000/- towards loss of amenities would be just and proper.
16. Consequently, in view of the discussion above, the claimant would be entitled to compensation on the following sums.
| Sl. No. |
Particulars | Amount in Rs. |
| 1 | Pain and suffering | 75,000/- |
|
2 | Medical expenditure and other expenses |
74,271/- |
|
3 | Loss of earning during laid up period. |
18,000/- |
| 4 | Loss of future earnings. | 1,81,440/- |
| 5 | Future medical expenses | 30,000/- |
| 6. | Loss of amenities. | 50,000/- |
| Total | 4,28,711/- | |
| Less Compensation awarded by the Tribunal |
2,81,452/- | |
| Enhanced by this Court. | 1,47, 259/- | |
17. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till the deposit.
18. The insurance company is directed to deposit the compensation amount within a period of eight weeks from the date of receipt of a certified copy of this judgment.
19. It is made clear that the insurance company is at liberty to recover the compensation amount from the owner of the vehicle in accordance with law.
20. The appeal filed by the claimant is thus, allowed in part.
21. The amount in deposit, if any, shall be transmitted to the concerned Tribunal for disbursement.
