Anwari Banu and Others vs Ramachandran and Others

B. Sreenivas Gowda, J.—These appeals are by claimants seeking enhancement of compensation awarded by the Tribunal.

As these two appeals are arising out of a common road traffic accident, they are heard together and disposed of by this common judgment, with the consent of the learned counsel appearing for parties.

For the sake of convenience, the parties are referred to as they are referred to in the claim petitions before the Tribunal.

As there is no dispute regarding certain injuries sustained by the claimants in a road traffic accident that occurred on 6.6.2009 due to rash and negligent driving of a maxi cab bearing registration No. KA-13 A-1396 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in these appeals is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"

After hearing the learned counsel appearing for parties and perusing the judgments and awards of the Tribunal, I am of the view that the quantum of compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it requires to be enhanced.

In MFA No. 11412/2011 arising out of MVC No. 1097/2009, the injured claimant is one Smt. Anwari Banu. As per Ex. P4 wound certificate issued by Adarsha Hospital, Kundapura, claimant has sustained following injuries:

(1) fracture of both bones right fore arm with displacement

(2) soft tissue injury left thigh

(3) lacerated wound with displacement on the angle of mouth right side 4 x 3 cms

(4) laceration right chin 2 x 1 cms

(5) fracture mandible right side

(6) USG abdomen and pelvic

(7) deep lacerated wound anterior aspect.

The Doctor has opined that injuries 1, 3, 5, 6 and 7 are grievous in nature. Injuries sustained and treatment taken by the claimant are corroborated by oral evidence of claimant examined as PW-1. Doctor is not examined regarding disability and its impact on loss of future earning capacity. Considering 5 grievous injuries and other simple injuries sustained by claimant, a sum of Rs. 1,00,000/- is awarded towards pain and suffering.

Claimant has produced medical bills for Rs. 2,45,523/- as per Exs. P7 to P9 and supported by prescriptions produced at Ex. P10 and they are not disputed. Therefore, a sum of Rs. 2,45,550/- is awarded towards medical expenses.

Claimant was treated as inpatient for 33 days at Adarsha Hospital and KMC Hospital, Mangalore. Considering the same, a sum of Rs. 15,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant''s charges.

Claimant claims to have been earning Rs. 6,000/- p.m. by working as a tailor but it is not substantiated by producing any documents. In the absence of proof of income, considering her age as 27 years, year of accident as 2009, her avocation as daily wager, her income could be easily assessed at Rs. 4,500/- p.m. The nature of injuries suggest that she must have been under rest and treatment for a period of 6 months and therefore a sum of Rs. 27,000/- is awarded towards ''loss of income during laid up period''.

In the absence of evidence of Doctor regarding disability and its impact on future earning capacity of the claimant, no compensation could be awarded towards ''loss of future income''.

Considering the multiple fractures sustained by the claimant and the amount of discomfort she has to undergo in her future time, a sum of Rs. 30,000/- is awarded towards ''loss of amenities''.

Considering the injuries sustained by the claimant, a sum of Rs. 15,000/- is awarded towards ''future medical expenses''.

Thus, the claimant is entitled for the following compensation:-

In MFA No. 11413/2011 arising out of MVC No. 1099/2009, the injured claimant is one Zoha Anam, a minor aged about 3 years. As per Ex. P4 wound certificate, claimant had sustained the following injuries:

(a) lacerated wound 2'' x 1'' over occipital area

(b) lacerated wound over forehead 1" x 3/4"

(c) fracture upper end humerus

(d) fracture shaft of tibia

Doctor has opined that injuries 3 and 4 are grievous in nature. Injuries sustained and treatment taken by claimant are also evident from Ex. P11 medical file and corroborated by oral evidence of mother of claimant examined as PW-1. Considering the nature of injuries sustained, a sum of Rs. 50,000/- is awarded towards pain and suffering.

Claimant has produced medical bills for Rs. 1,08,500/- as per Exs. P6 and P7 and they are supported by medical prescriptions produced at Ex. P4 and they are not objected. Hence, a sum of Rs. 1,08,500/- is awarded towards medical expenses.

Claimant was treated as inpatient for 26 days at Adarsha Hospital and KMC Hospital, Kundapura and during treatment period, she was looked after by her parents leaving their work. Hence, Rs. 20,000/- is awarded towards ''incidental expenses'' such as conveyance, nourishment and attendant''s expenses.

In the absence of evidence of Doctor regarding disability and its impact on future earning capacity of the claimant, no compensation could be awarded towards loss of future income. However, considering the multiple fractures sustained by a minor girl aged 3 years, justice would be made if Rs. 15,000/- is awarded towards ''loss of amenities'' and it is awarded.

Considering the injuries sustained by the claimant, a sum of Rs. 10,000/- is awarded towards ''future medical expenses''.

Thus, the claimant is entitled for the following compensation:-

Accordingly, the appeals are allowed-in-part. The judgments and awards passed by the Tribunal are modified to the extent stated herein above. The claimants are entitled to additional compensation mentioned against their cases with interest at 6% p.a. from the date of claim petition till the date of realisation.

The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The same is ordered to be released in favour of the claimants. From which, 70% with proportionate interest is ordered to be invested in fixed deposit in the name of respective claimants in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years in case of claimant in MFA No. 11412/2011 with a right of option for her to withdraw interest periodically and till the attainment of majority in case of claimant in MFA No. 11413/2011, with a right of option for her mother to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant in MFA No. 11412/2011 and in favour of claimant''s mother in MFA No. 11413/2011.

The Tribunal while releasing the amount is directed to issue FD slip to the claimants, so that they can withdraw the FD amount on its maturity and the Bank/Post Office in which the amount will be kept in FD is also directed to release the FD amount on maturity without insisting further orders from the Tribunal.

No order as to costs.