ASOK KUMAR GANGULY, J. - (1.) LEAVE granted.
(2.) ON 13.08.2004 at about 6 p.m., the appellant was crossing the road carefully when a BMTC bus (bearing registration No.KA-05-B-5245) came in a rash and negligent manner and dashed against the appellant whereupon he was admitted in hospital for treatment as he had sustained multiple injuries. The appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000/-. The appellant was working as a coolie and claimed that he was earning a monthly income of Rs.4,500/- p.m. The Tribunal concluded that the accident occurred for the rash and negligent driving of the bus driver as a result of which the appellant had sustained injuries in the accident. On perusal of evidence it was found that the appellant had sustained injuries of compound fracture of ulnar styloid process of the left hand and subluxation of the left wrist. The doctor assessed disability at 23% of the whole body. Therefore, it awarded Rs.20,000/- for loss of amenities, Rs.30,000/- for pain and suffering, Rs.30,000/- for medical expenses and conveyance and Rs.2,000/- for future medical treatment. For loss of income during the period of treatment, the Tribunal found that due to the nature of the disability the appellant was unable to work as a coolie or do other manual work. It also added that only the left hand was injured, so the right hand was free to work. The appellant was an indoor patient for 55 days. Thus, the Tribunal presumed that the appellant was unable to work for 3 months. Further, though the appellant claimed to be earning Rs.4,500/- p.m., it was not supported by documentary evidence. Hence, the Tribunal presumed his income to be Rs.3000/- p.m. and awarded Rs.9,000/- for loss of income during the period of treatment. For computation of loss of future income due to disability, the Tribunal took into consideration that disability of the whole body of the appellant had been assessed at 23%, however, his right hand was still free to work. Thus, it assessed disability at 20%. Medical evidence showed that the appellant was around 55 years at the time of the accident, for which a multiplier of 11 was adopted. Accordingly, loss of future income was calculated to be Rs.79,200/- (Rs.3000 X 12 X 11 X 20/100). The Tribunal fastened liability on the insurance company. Thus, total compensation was Rs.1,70,200/- payable to the appellant jointly and severally, with interest @ 6% from date of the claim petition till realization.
(3.) ON appeal, the High Court enhanced compensation for pain and suffering, medical expenses, future medical expenses, loss of amenities and loss of future income as against the amount awarded by the Tribunal. For loss of future income, the High Court concluded that from material on record, the age of the claimant was between 45 to 55 years. Thus, it took 50 years as the safe age and adopted a multiplier of 13, income was taken as Rs.3000/- p.m. and disability @ 20%. Accordingly, loss of future income was calculated at Rs.93,600/- (Rs.3000 X 12 X 13 X 20/100). Compensation was thus enhanced and awarded as follows: JUDGEMENT_442_TLPRE0_2011Image1.jpg Being still aggrieved by the compensation awarded, the appellant approached this Court by filing an Special Leave Petition praying for further enhancement of compensation.;