A.N. Ragavendra vs Vital Kini and Others

N.K. Patil, J. - This appeal by the claimant-appellant for enhancement of compensation is directed against the impugned judgment and award dated 28-10-2010, passed in MVC No. 603/2007, by the District Judge, I Fast Track Court and Additional Motor Accident Claims Tribunal-II, Shimoga, (hereinafter referred to as ''Tribunal'' of short) .

The Tribunal, by its judgment and award has awarded a sum of Rs. 2,73,920/- under different heads with interest at 6% p.a., from i the date of petition till payment as against ; the claim of Rs. 41,00,000/-, on account of the i injuries sustained by him in the road traffic accident.

In brief, the facts of the case are:

The appellant claims to be aged about 26 years at the time of the accident. He was hale and healthy prior to the accident, working as Police Constable and drawing the salary of Rs. 6,795/- per month. That on 11-9-2006 at about 9.50 p.m. appellant along with one Umapathi was going on duty towards Chatrakere through Agumbe Road, Thirthhalli in Bajaj Pulsar Motorcycle bearing No. KA.14.U.7250 and while they were proceeding on Agumbe road near Chatrakeres circle, Thirthhalli, at that time, one Maruthi Omni Van bearing Reg. No. KA.02.A.6078 came in a rash and negligent manner from opposite direction and dashed against the motor bike and caused the accident. Due to which, he sustained grievous injuries. Immediately, he was shifted to KMC Hospital, Manipal and in private hospital where he took treatment as inpatient for 102 days 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 expenses, conveyance and other incidental charges. 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 17% to left upper limb and 27% to left lower limb. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondent.

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. 2,73,920/- as compensation under different heads with interest at 6% p.a., from the date of petition till its payment.

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

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 suffering, towards loss of amenities, discomforts and unhappiness and in not awarding any compensation towards future medical expenses. To substantiate the said sub- mission, he quick to point out placing reliance on the evidence of the Doctor that, as per the evidence of the Doctor, appellant has sustained 17% disability to upper limb of left and 27% to lower limb of left leg and injury Nos. 3,4, 5, and 6 are grievous in nature and appellant requires a sum of Rs. 15,000/- towards future medical expenses and this aspect of the matter has not been considered or appreciated or awarded reasonable compensation. Therefore, he submitted that the impugned judgment and award is liable to be modified.

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 taking into consideration the nature of injuries and the nature and duration of treatment taken by appellant and therefore, it does not call for interference.

After carefull consideration of the submission made by learned counsel appearing for the appellant, learned counsel appearing for Insurer and after perusal of the materials available on record, 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?

In the accident that occurred on 11-9-2006, appellant has sustained fracture wound over antrolasp aspect of left arm, open wound 5x2 cm on left ankle, fracture of shaft left had, fracture of shaft left femur, fracture of tibia left, fracture of left ankle as per Ex. P5-Would certificate and as per the evidence of the Doctor, injury Nos. 3, 4, 5 and 6 are grievous in nature and suffered permanent disability at 17% to left upper limb and 27% to left lower limb and ⅓rd of which i.e. 15% is the whole body disability as per Ex. P6-wound certificate are not in dispute. It is also not in dispute that, appellant was aged about 26 years and working as Constable, drawing the salary of Rs. 6,795/- per month. On account of injuries sustained by the appellant, he has taken treatment as inpatient for 102 days, during the said period, he might have undergone lot of pain and agony, he might have spent considerable amount towards medical expenses, conveyance and other incidental expenses, and as per the advise of the Doctor he might have taken bed rest and follow-up treatment at least for three months, during the stud period. Further, it is the case of the appellant that, on account of grievous injuries sustained by him in the accident, he has suffered permanent disability. Discomforts and unhappiness persists through out his life and it would affect his happiness in future life. As per the evidence of the Doctor, appellant requires some reasonable amount towards medical and incidental expenses. Taking all these aspects into consideration, we award a sum of Rs. 1,00,000/- towards injury, pain and suffering as against Rs. 50,000/- Rs. 30,000/- towards loss of amenities, discomforts and unhappiness as against Rs. 60,000/- and Rs. 15,000/- towards future medical expenses.

However, the Tribunal after due appreciation of the oral and documentary evidence available on file has justified in awarding a sum of Rs. 35,320/- towards medical expenses, Rs. 25,000/- towards conveyance and other incidental expenses, Rs. 18,000/- towards loss of income during treatment period, Rs. 75,000/- towards loss of marriage prspects, Rs. 10,000/- towards extra ordinary leave and therefore, it does not call for interference.

In all, the appellant is entitled to the total compensation of Rs. 4,28,320/- instead of Rs. 2,73,920/- and the break-up is as follows:

Towards injury, pain and sufferings Rs. 1,00,000/-

Towards medical expenses Rs. 35,320/-

Towards conveyance, nourishing food and attendant charges Rs. 25,000/-

Tow ards loss of income during the period of treatment Rs. 18,000/-

Towards loss of amenities Rs. 1,50,000/-

Towards loss of marriage prospects Rs. 75,000/-

Towards future medical expenses Rs. 15,000/-

Tow ards loss of extra ordinary leave Rs. 10,000/-

Total Rs. 4,28,320/-

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 28-10-2010, passed in MVC No. 603/2007, by the District Judge, I Fast Track Court and Additional Motor Accident Claims Tribunal-II, Shimoga, stands modified, awarding the compensation of Rs. 4,28,320/- instead of Rs. 2,73,920/- as awarded by the Tribunal. There would be an enhancement of Rs. 1,54,400/- with interest at 6% p.a., from the date of petition till its realisation (excluding interest for delayed period of 502 days in filing the appeal).

The second respondent-insurer is directed to deposit the enhanced compensation of Rs. 1,54,400/- with interest at 6% p.a., (excluding interest for delayed period of 502 days in filing the appeal) 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 enhanced compensation with interest shall be released in favour of the appellant.

Draw the award, accordingly.