Asha Rani vs The Manager, Oriental Insurance Co. Ltd. and Others

N.K. Patil, J.—This appeal is filed by the claimant against the impugned judgment and award dated 07.01.2005 passed in MVC No. 58/2003 on the file of the Principal Civil Judge (Senior Division) & MACT-III, Bangalore Rural Dist. Bangalore (hereinafter referred to as ''Tribunal'' for brevity) awarding compensation of Rs. 1,56,250/- with interest at 6% p.a. from the date of petition till the date of realization, on account of the grievous injuries suffered by her in a road traffic accident.

The brief facts of the case are:

"The appellant herein filed the claim petition through her natural guardian/mother under Section 166 of the M.V. Act, seeking compensation on account of the grievous injuries sustained in the road traffic accident that occurred on 3.4.2002 at about 6.30 p.m., while she was going with her aunt towards their house on the left side of the road, near Raghavanahlli gate on Bangalore Kanakapura Road. At that time, a lorry bearing registration No. KA.02-A-4548 driven by its driver in a rash and negligent manner and without giving any indication dashed against her, due to which she sustained grievous injury to her left leg and admitted to hospital where she was an inpatient for a period of two months and her two toes of left leg had been amputated due to which her parents have spent considerable amount towards medical expenses, conveyance, nourishing food and attendant charges. She further contended that on account of the injuries sustained, her marriage prospects are affected and the discomfort and unhappiness persists throughout her life.

Taking all these relevant factors into consideration the appellant has filed claim petition through her natural guardian, mother, against the owner and insurer of the offending vehicle, seeking compensation in a sum of Rs. 6,25,000/-.

The said matter had come up for consideration before the Tribunal. The Tribunal, in turn, after consideration of the oral and documentary evidence and other relevant material on file, recorded the finding that the accident has occurred due to the rash and negligent driving by the driver of the offending vehicle and awarded compensation of Rs. 1,56,000/- under various heads with interest at 6% p.a. from the date of petition till realization, directing the Insurance Company to indemnify the award amount."

The appellant/claimant being dissatisfied with the quantum of compensation awarded to her has come up in appeal through her natural guardian, seeking enhancement of compensation.

The learned counsel for the appellant contended that the Tribunal without taking into account the grievous injuries sustained by the appellant and properly appreciating the evidence on record, has awarded compensation in a sum of Rs. 20,000/- towards pain and agony, Rs. 8,000/- towards conveyance, nourishing food and attendant charges, Rs. 56,250/- and Rs. 50,000/- towards loss of amenities and marriage prospects which is inadequate and requires enhancement, as the appellant is a minor girl just aged about 4 years and on account of the injuries sustained in the road traffic accident, she has undergone treatment for two months and examined the doctor -PW2, who after examining the appellant has assessed the disability to the extent of 25% to the whole body as there is amputation of two toes of her left leg due to which she has suffered lot of mental pain and during treatment period spent considerable amount towards conveyance nourishing food and attendant charges. Further, as the disability on account of the injuries is permanent in nature, it affects her marriage prospects and the discomfort and unhappiness on account of this, persists throughout her life and therefore, compensation has to be enhanced.

Per contra, the learned counsel for the Insurer contended and sought to substantiate the Judgment and award passed by the Tribunal. However, after due consideration of the contention of the appellant''s counsel and the material on record he submits that reasonable enhancement may be made in accordance with law having regard to the age of the appellant, nature of injuries, treatment undergone and the assessment of permanent disability by the doctor who treated her which are evident from the oral and documentary evidence available on file.

After due consideration of the submission made by the learned counsel for both the parties and after perusal of the material on record, the only point that arises for our consideration is,

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

The occurrence of the accident and the age of the appellant are not in dispute. Further, as submitted by the learned counsel for the appellant and on perusal of material on record, it is seen that on account of the injuries, the appellant has undergone treatment for two months and examined the doctor -PW2, who after examining the appellant has assessed the disability to the extent of 25% to the whole body as there is amputation of two toes of her left leg due to which she might have suffered lot of mental pain and agony during treatment period and her parents have spent considerable amount towards conveyance nourishing food and attendant charges. Further, as the disability on account of the injuries are permanent in nature, it affects her marriage prospects and the discomfort and unhappiness on account of this, persist throughout her life which she is bound to bear. Taking all these factors into consideration, we enhance the compensation under the heads pain and suffering, conveyance, nourishing food and attendant charges, disability, loss of amenities & marriage prospects and the break up of the compensation is as follows:--

In the light of the facts and circumstances of the case, as stated above, we pass the following:

"ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 07.01.2005 passed in MVC No. 58/2003 on the file of the Principal Civil Judge, (Senior Division) and MACT-III, Bangalore Rural Dist. Bangalore, is hereby modified.

iii) The appellant is entitled for an additional compensation of Rs. 1,24,750/- with interest at 6% p.a. from the date of petition till the date of realization.

iv) The Respondent No. 1 - Insurance Company is directed to deposit the enhanced compensation of Rs. 1,24,750/- together with interest, within a period of three weeks from the date of receipt of copy of the judgment.

v) Out of the enhanced compensation of Rs. 1,24,750/-, Rs. 1,00,000/- with proportionate interest shall be invested in F.D. in the name of appellant, in any nationalised or scheduled bank till she attains the age of 30 years with liberty to the natural guardian/mother to withdraw the interest periodically for the welfare of the appellant till she attains the age of 21 years and from 22 years to 30 years, the appellant is entitled to withdraw the periodical interest.

vi) Remaining Rs. 24,750/- with proportionate interest shall be released in favour of the appellant through her natural guardian, mother, immediately on deposit by R1-Insurance Company."

Office to draw the award, accordingly.