Abishek. L. Bedekar vs The New India Assurance Co. Ltd.

N.K. Patil, J.—This is a claimant''s appeal for enhancement of compensation against the impugned judgment and award dated 18/01/2013 passed in MVC No. 4382/2011, by the III Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-18), (hereinafter referred to as Tribunal'' for short), on the ground that, a sum of Rs. 1,33,614/- awarded with interest at 8% p.a., from the date of petition till the date of realization, as against the claim of Rs. 25,00,000/-, on account of the injuries sustained by him in the road traffic accident is inadequate.

In brief, the facts of the case are:

The appellant claims to be aged about 22 years at the time of the accident. He was hale and healthy prior to the accident, working as Pilot in Indian Air Force and earning Rs. 40,000/- per month. That on 7.12.2010 at about 2.45 p.m. when the appellant was riding motor cycle bearing Reg. No. MH.12.GA.14 on B.B. Road near Vidyashilpa School, Yalahanka, at that time, the driver of the lorry bearing Reg. No. MYK.6174 came in a rash and negligent manner and dashed against the motor cycle. Due to which, he fell down and sustained simple as well as grievous injuries. Immediately, he was taken to Deeksha Hospital from there he was shifted to Commando hospital. On account of fracture of both bones of right leg and two simple injuries, he has taken treatment as inpatient for two days, undergone surgery, implants were inserted and thereafter, on the advise of the Doctor, he has taken bed rest and follow up treatment.

It is the further case of the appellant that, he spent considerable amount towards medical and other incidental expenses. On account of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. The Doctor has assessed the physical disability at 25%. Therefore, appellant has filed a claim petition before the Tribunal u/s 166 of M.V. Act, 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 assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 1,33,614/- as compensation under different heads with interest at 8% p.a., from the date of petition till the date of realization.

Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.

We have heard the learned counsel appearing for appellant and learned counsel appearing for Insurer.

The submission of the learned counsel appearing for appellant, at the outset is that, the Tribunal has erred in not awarding reasonable compensation towards injury pain and sufferings and towards loss of amenities, discomforts and unhappiness. Therefore, he submitted that the impugned judgment and award passed by the Tribunal is liable to be modified by enhancing the compensation reasonably.

Per contra, learned counsel appearing for insurer, inter-alia, contended and submitted that the compensation awarded by the Tribunal is just and reasonable and after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference.

After careful consideration of the submissions made by learned counsel appearing for both the parties and after perusal of the original records available on file, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:

Whether the compensation awarded by the Tribunal is just and reasonable?

The occurrence of the accident and the resultant injuries sustained by the appellant as per Ex. P3-wound certificate are not in dispute. It is also not in dispute that, appellant was aged about 22 years, working as Pilot in Indian Air Force. On account of the grievous injuries sustained by him, he has taken treatment as inpatient, undergone surgery, implants were inserted. On account of the injuries, he has suffered permanent disability. To prove the same, he ha examined the Doctor as PW2, who has assessed the disability at 25% to the limb. He might have spent reasonable amount towards medical expenses, conveyance and other incident charges and suffered mental shock and agony. The Tribunal, after due appreciation of the oral and documentary evidence available on file and also taking into consideration the nature of injuries sustained the nature and period of treatment taken by the appellant, has justified in awarding a sum of Rs. 43,614/- towards medical expenses, Rs. 10,000/- towards future medical expenses, Rs. 15,000/- towards conveyance, nourishing food and attendant charges including loss of income during treatment period. Therefore, interference by this Court is not called for. However, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings and towards loss of amenities, discomforts and unhappiness and what is awarded is inadequate and it requires to be enhanced, for the reason that, the Tribunal ought to have taken into consideration and mental shock and pain and agony suffered by the appellant during the period of treatment while awarding compensation. Discomforts and unhappiness persists through out his life as he has suffered permanent disability at 25% to the particular limb as per the evidence of the Doctor and it would affect his happiness in future life. Taking all these aspects into consideration, we award a sum of Rs. 50,000/- towards injury pain and suffering instead of Rs. 40,000/- and Rs. 75,000/- towards loss of amenities, discomforts and unhappiness instead of Rs. 25,000/-

In all, the appellant is entitled to the total compensation of Rs. 1,93,614 instead of Rs. 1,33,614/- and the break-up is as follows:

Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 18/01/2013 passed in MVC No. 4382/2011, by the III Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-18), stands modified, awarding the compensation of Rs. 1,93,614/- instead of Rs. 1,33,614/-. There would be an enhancement of Rs. 60,000/- with interest at 8% p.a., from the date of petition till its realization.

The Insurer is directed to deposit the enhanced compensation of Rs. 60,000/- with interest at 8% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment and award.

Immediately on such deposit by the Insurer, the entire enhanced compensation with interest shall be released in favour of the appellant, immediately.

Draw the award, accordingly.