N.K. Patil, J.This appeal by the claimant is directed against the impugned judgment and award dated 27th September 2013 passed in MVC No. 832/2012 on the file of the I Additional Senior Civil Judge and Motor Accident Claims Tribunal-VII at Shivamogga, (hereinafter referred to as Tribunal for short) seeking enhancement of compensation.

2. The Tribunal by its judgment and award, has awarded a sum of Rs. 3,42,000/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the grievous injuries sustained by the appellant in the road traffic accident. The claimant has presented this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.

3. The brief facts of the case on hand are that the appellant was aged about 53 years and hale and healthy prior to the accident. That on 22.04.2012 at about 12.20 p.m., when the appellant and her family members were proceeding to attend the marriage reception function of appellants son Swaroop Chandra at Lakkibalalu, Megaravalli in a Force Trax bearing No. KA-15/7173, near Lakkunda Village on Thirthahalli - Agumbe Road, the 1st respondent drove the said Trax in high speed and in a rash and negligent manner and lost control over the vehicle and it ramped to the right side of the footpath and drainage of the road and toppled. Due to the impact, she sustained multiple abrasion on the left forearm, crush amputation of the left middle finger at middle phalanx and ring finger at terminal phalanx, nail bed injury on the left index finger with fracture on middle phalanx and left radial styloid fracture. On account of which she was admitted to the Hospital as inpatient for more than 28 days. She has also undergone surgery and she has examined the Doctor PW-2, who after clinical and medical examination assessed the disability of 39% to her left upper limb. Out of which, if 1/3rd is taken, it comes to 13% towards permanent disability to whole body. Further, it is the case of the claimant that she is a dynamic lady doing self-employment by running Garment business and also doing tailoring work. On account of the grievous injuries sustained, she is not in a position to do any work as earlier and she has lost her future prospects and she is suffering from pain and mental agony till today. PW-2 Doctor has stated that due to the injuries sustained by the appellant she has to take bed rest and for follow up treatment and she finds difficulty to lead her life throughout her future career and she requires reasonable amount towards future medical expenses and the disability is permanent in nature. Further, she was aged about 53 years and the appropriate multiplier applicable is 11. Further, it is her specific case that the Tribunal has erred in assessing reasonable income of the appellant and not awarded reasonable compensation on account of the grievous injuries sustained by her in the road traffic accident. Taking all these facts into consideration, she filed a claim petition under Section 166 of M.V. Act before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence available on record, has allowed the said claim petition in part and awarded a sum Rs. 3,42,000/- with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the impugned judgment and award passed by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.

4. The submission of learned counsel Sri. P.N. Harish appearing for the appellant at the outset is that, the Tribunal has erred in not assessing reasonable income of the appellant and what is taken is on lower side. The appellant is doing Garment business and the injuries sustained by her are grievous in nature. Therefore, he submits that the income of the appellant may be re-assessed reasonably as the accident occurred on 22.04.2012. She has suffered grievous injuries and has undertaken treatment for nearly 28 days in the Hospital as inpatient. The Doctor has advised her to take bed rest and follow up treatment on account of the injuries sustained in the road traffic accident. She has to suffer the said discomfort and disfiguration throughout her life and she has to be compensated by awarding reasonable compensation. Further, it is pointed out and submitted that as per the evidence of Doctor, she requires future medical treatment and the expenses would be Rs. 80,000/-. This aspect has not been considered nor appreciated nor awarded reasonable compensation towards future medical expenses. Therefore, he submitted that the impugned judgment and award is liable to be modified by enhancing reasonable compensation.

5. Per contra, the learned counsel appearing for the 3rd respondent - Insurer Sri. B.S. Umesh, inter alia, contended and substantiated that, the impugned judgment and award passed by the Tribunal is after due consideration of oral and documentary evidence available on record. Further, he fairly submitted, after going through the oral and documentary evidence available on record that the income may be assessed reasonably and reasonable enhancement may be made in accordance with law by modifying the impugned judgment and award.

6. After carefully considering the submissions made by the learned counsel appearing for both the parties and on perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable"

7. Occurrence of the accident resulting in the injuries to the appellant is not in dispute. Further, it is not in dispute that the appellant was aged about 53 years at the time of accident and was hale and healthy prior to the accident and she is bright and dynamic lady, doing Garment business. On account of the grievous injuries sustained, there is amputation of left middle finger and injuries to other fingers of left hand and the Doctor has assessed the disability as 13% to whole body. On account of which, she has undergone treatment for a period of 28 days in the Hospital as inpatient and also undergone surgery and having regard to the age, avocation and year of accident, referred above, we can safely re-assess the income of the appellant at Rs. 7,500/- per month to meet the interest of justice and accept the whole body disability as assessed by the Doctor at 13%. The Doctor - PW-2 has opined that the appellant has suffered pain and mental agony during the treatment period, discomfort, disfigurement and she is not in a position to do her work as she was doing earlier. Having regard to the nature of injuries referred above, she has to be compensated by awarding reasonable compensation towards loss of future income.

8. After careful consideration of the materials available on record, we deem fit to award Rs. 75,000/- towards injury, pain and suffering as against Rs. 30,000/-, Rs. 22,500/- @ Rs. 7,500 x 3 months) towards loss of income during the treatment period as against Rs. 20,000/-, Rs. 50,000/- towards loss of amenities, discomfort as against Rs. 20,000/-, Rs. 1,28,700/- (Rs. 7,500/- x 12 x 13 x 11/100) towards loss of future income as against Rs. 85,000/-, Rs. 50,000/- towards future medical expenses as against Rs. 20,000/-. The Tribunal has rightly awarded Rs. 1,31,000/- towards medical expenses as per the medical bills and Rs. 25,000/- towards transportation, nourishment and attendant charges and hence, it does not call for interference by this Court. The break- up is as follows:

The total compensation comes to Rs. 4,82,200/- as against Rs. 3,42,000/-. There is enhancement of Rs. 1,40,200/-. As rightly contended by the learned Counsel appearing for the appellant that the interest awarded by the Tribunal at 6% p.a. is on the lower side. In the light of the judgments of Apex Court and also this Court in catena of judgments, we deem fit to award the interest at 9% p.a. on the enhanced compensation amount from the date of petition till the date of realization.

9. Having regard to the facts and circumstances of the case referred above, the instant appeal filed by the appellant is allowed in part. The impugned judgment and award dated 27th September 2013 passed in M.V.C. No. 832/2012 on the file of the I Additional Senior Civil Judge and Motor Accident Claims Tribunal-VII, Shivamogga is hereby modified awarding a sum of Rs. 1,40,200/- with interest at 9% p.a. from the date of petition till the date of realization, in addition to the compensation awarded by the Tribunal.

The 3rd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 1,40,200/- with interest at 9% p.a. from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of the judgment and award.

Out of the enhanced compensation of Rs. 1,40,200/-, 50% with proportionate interest shall be invested in Fixed Deposit in the name of the appellant - Smt. Sukanya S. Rao in any Nationalized or Scheduled Bank or Grameena Bank, for a period of five years and renewable for another five years and she is entitled to withdraw the periodical interest accrued on it. On such deposit, remaining 50% of the same shall be released in favour of the appellant immediately.

Draw the award, accordingly.