B. Srikanta Prabhu vs Ammer Jan and Others

N.K. Patil, J.—1. This appeal by the claimant is directed against the impugned judgment and award dated 27th December 2012 passed in M.V.C. No. 535/2011, on the file of the Presiding Officer, C/c Fast Track Court-5, Member, Additional Motor Accident Claims Tribunal, Mysore, (hereinafter referred to as Tribunal'' for brevity).

The Tribunal by its impugned judgment and award awarded a compensation of Rs. 27,55,800/-with interest @ 6% per annum from the date of petition till realization, on account of grievous injuries sustained in a road traffic accident. He has presented this appeal on the ground that the quantum of compensation and rate of interest awarded by the Tribunal is inadequate and it requires enhancement.

Brief facts of the case on hand are:

"Appellant was aged about 21 years and prosecuting his 8th Semester BE in NIE College having good academic career. When things stood thus, he met with an accident on 19.04.2011 at about 5.30 p.m., when he was proceeding in his Motor Cycle bearing Regn. No. KA-09-EJ-9425, towards Mysuru from Chitravana Resort after having lunch along with his friends. When he reached near Rayanakere lake in Mysuru-Manandavadi road, at that time, a APE Goods Auto bearing Regn. No. KA-09-B-758 came from the opposite direction and dashed against the motor cycle of the appellant. Due to the impact, he fell down and sustained injuries. Immediately, he was shifted to BGS Apollo Hospital, Mysuru. He sustained several injuries as under:

1) Severe head injury-left frontal, temporal, parietal, basalagangha, non-hemorhageic contusion

2) Right frontal, parietal, hypodense lesions and right parieto-occipital thin SDH, Bilateral pneumothorax with pneumo-media stinum, tear in right main branches and right intermediate branches

3) Comminuted fracture of left forearm

He has taken treatment as an inpatient for a period of 103 days in BGS Apollo Hospital and Gopala Gowda Hospital, Mysuru. In addition to that, he has examined the Doctor as PW3, who in turn on radiological examination has assessed permanent disability of the appellant at 100% to the whole body. Further, it is the case of the appellant that he suffered mental pain and agony and spent huge amount towards medical expenses, attendant and conveyance charges. Due to the injuries sustained, he has suffered discomfort and unhappiness, which he has to suffer throughout his life. Hence, he has to be compensated for his permanent disability suffered in the accident. On account of the injuries sustained, the appellant was constrained to file a claim petition under Section 166 of the M.V. Act before the Tribunal seeking compensation against the respondents."

The said matter came up for consideration before the Tribunal. The Tribunal after due consideration of the oral and documentary evidence has partly allowed the petition awarding a sum of Rs. 27,55,800/- under the different heads with interest @ 6% per annum from the date of petition till realization. Not being satisfied with the quantum of compensation and rate of interest awarded by the Tribunal, the appellant has presented the instant appeal seeking enhancement contending that the compensation awarded by the Tribunal is inadequate.

The submission of the learned Counsel appearing for the appellant, Smt. Anupama Shankar Arahunashi, at the outset, is that the appellant was aged about 21 years and studying in 8th Semester of BE Course. He met with an accident that occurred on 19.04.2011 at about 5.30 p.m. and sustained grievous injuries. Having regard to the age, avocation and year of the accident, income of the appellant may be assessed between Rs. 10,000/- and Rs. 12,000/- per month to meet the ends of justice. Further, she submitted that, the appellant suffered mental pain and agony during treatment period and was inpatient for more than 103 days. The Doctor has assessed disability at 100% to the whole body, which he has to suffer throughout his life. Hence, he has to be compensated with reasonable compensation for the permanent disability suffered by him. On account of the grievous injuries and disability sustained, he requires reasonable compensation towards future medical expenses and attendant charges. These aspects have not been properly considered by the Tribunal while awarding compensation. Therefore, she submitted that the impugned judgment and award is liable to be modified by enhancing the compensation reasonably.

As against this, learned Counsel appearing for respondent No. 2/insurer Sri. A.N. Krishna Swamy, contended and sought to substantiate that after careful consideration of the oral and documentary evidence the Tribunal has rightly awarded reasonable compensation by assigning valid and cogent reasons. However, after going through the evidence of the Doctor, who has assessed the permanent disability of the appellant to the extent of 100% to the whole body, he submitted that the appellant has sustained permanent disability and he has to pull on the life with the said disability for the rest of his life. Hence, he may be compensated reasonably towards future medical expenses and future income, taking into consideration the health condition of the appellant, in accordance with law.

After careful consideration of the oral and documentary evidence available on record and the submissions made by the learned Counsel for both parties and after perusal of the impugned judgment and award, the only point that arises for our consideration is:

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

It is not in dispute that the appellant sustained several injuries in a road traffic accident that occurred on 19.4.2011 at about 5.30 p.m. He was aged 21 years pursuing his 8th semester BE in NIE College and having excellent education career. He was a young and energetic bright student, who secured first class, throughout his educational career. But unfortunately, he met with an accident and sustained grievous injuries as stated supra and on account of this permanent disability, he has to suffer throughout his life. On account of injuries sustained, he was an inpatient for a period of 103 days. He has examined the Doctor, who in turn on radiological examination has assessed permanent disability at 100% to the whole body. Due to the injuries sustained, the appellant has suffered mental pain and agony, discomfort and unhappiness and spent huge amount towards medical expenses, attendant and conveyance charges.

Further, as rightly pointed out by the learned Counsel for the appellant, the accident is of the year 2011. The income taken by the Tribunal at Rs. 5,000/- per month is on the lower side. Having regard to his age, avocation and the year of accident, the income of the appellant can safely be taken at Rs. 10,000/- per month instead of Rs. 5000/- assessed by the Tribunal, to meet the ends of justice. The appellant was aged 21 years and appropriate multiplier applicable is ''18''.

Taking into consideration of all these factors, we deem it fit to award a sum of Rs. 2,00,000/-towards pain and suffering in stead of Rs. 1,00,000/-, Rs. 50,000/- towards conveyance as against Rs. 30,000/-, Rs. 50,000/- towards loss of education, Rs. 1,50,000/- towards loss of amenities as against Rs. 10,000/-, Rs. 21,60,000/- (Rs. 10,000 x 12 x 18) towards loss of future income as against Rs. 10,80,000/-, Rs. 3,50,000/- towards future medical expenses and attendant charges including incidental expenses.

However, the Tribunal has rightly awarded a sum of Rs. 14,70,800/- towards medical expenses. Hence, interference by this Court is not called for.

In the light of the above facts and circumstances of the case, the appellant is entitled to a total compensation under different heads on account of injuries sustained by him in a road traffic accident, the break up of which is as follows:

Accordingly, the appellant is entitled for a total compensation of Rs. 44,30,800/- as against Rs. 27,55,800/- awarded by the Tribunal. Accordingly, there would be enhanced compensation of Rs. 16,75,000/-.

Further, as rightly pointed out by the learned counsel for appellant, the Tribunal has erred in awarding interest @ only 6% per annum. Since the accident is of the year 2011, in the light of the decision of the Apex Court and this Court in catena of judgments, we deem it proper to award 9% interest per annum from the date of petition till realization on the enhanced compensation.

For the foregoing reasons, the instant appeal filed by the appellant is allowed in part.

The judgment and award dated 27th December 2012 passed in M.V.C. No. 535/2011 on the file of the Presiding Officer, Fast Track Court-V and Addl. MACT, Mysore, is hereby modified.

The appellant is entitled for enhanced compensation of Rs. 16,75,000/- with interest @ 9% per annum from the date of petition till realization, on the enhanced compensation.

The second respondent/insurer is directed to deposit the enhanced compensation amount along with interest at 9% p.a. from the date of petition till the date of realization, within 3 weeks from the date of receipt of the copy of this judgment and award.

Out of the enhanced compensation amount, Rs. 15,00,000/- with proportionate interest shall be invested in the name of appellant through his natural guardian-father in Fixed Deposit in any Nationalized/Scheduled/Grameena Bank initially for a period of five years and renewable every five years, till his survival. With liberty to his Natural guardian/father to withdraw the interest accrued on it, periodically for the welfare of the appellant. Further, the natural guardian/father is permitted to renew the Fixed Deposit amount once in five years by intimating the concerned Bank.

Remaining Rs. 1,75,000/- with proportionate interest shall be released in favour of the appellant through his natural guardian/father, immediately on deposit made by the second respondent/insurer.

Office to draw the award, accordingly.