Basavaraj vs Bhimappa and The New India Assurance Company Ltd.

B. Manohar, J.—The claimant, being unsatisfied with the quantum of compensation awarded in MVC. No. 434/09 dated 03.06.2010 passed by the Principal Senior Civil Judge and Additional Motor Accidents Claims Tribunal, Gokak (for short ''the Tribunal filed this appeal seeking for enhancement of the compensation. The minor claimant represented by his father filed the claim petition contending that on 27.12.2008 at about 8.30 p.m., while he was moving on his Bicycle on Kulgod-Honakuppi road, a Motor cycle bearing registration No. KA-49/E-914 driven by its rider in a rash and negligent manner dashed against the bicycle of the claimant, due to which, he has sustained grievous injuries. Immediately after the accident, he was shifted to KLE Hospital, Gokak, thereafter, he was taken to Dr. Umarani Hospital, Gokak, for treatment. He has spent more than Rs. 15,000/- towards his treatment. In the accident he has sustained Supracondylar fracture of left humerus Hence, sought for compensation of Rs. 3,00,000/-.

The respondents entered appearance and filed statement of objections denying the averments made in the claim petition The first respondent-owner of the vehicle contended that the motor cycle is insured with the second respondent and he is not liable to compensate the claimant. Hence, sought for dismissal of the claim petition as against him.

The second respondent-Insurer filed written statement denying the entire averments made in the claim petition. It is stated that the amount of compensation claimed is exorbitant, vehicle is not insured with them, and the rider of the motor cycle had not possessed the valid driving license and hence there is violation of policy conditions. It was also stated that the injuries sustained by the claimant are self-inflicted injuries, hence, sought for dismissal of the claim petition.

The Tribunal after considering the oral and documentary evidence adduced by the parties and also taking into consideration, wound certificate, copy of the complaint, Spot Panchanama, sketch, MVI report, charge sheet held that due to the rash and negligent driving of the offending vehicle, the accident had occurred and the claimant is entitled for compensation and awarded compensation of Rs. 25,000/- with interest at 6% p.a. from the date of petition till realization. The claimant, being unsatisfied with the quantum of compensation awarded by the Tribunal has filed this appeal.

Sri. Mutturaj D. Patil, learned Counsel appearing for the appellant contended that the compensation awarded by the Tribunal is inadequate and in the accident, the claimant has sustained Supracondylar fracture. The doctor has assessed the disability to an extent of 20%, however, the Tribunal has not awarded any compensation towards the disability and sought for enhancement of the compensation.

On the other hand, Sri. Laxman B. Mannoddar, learned Counsel appearing for the second respondent argued in support of the judgment and award passed by the Tribunal. Hence compensation awarded by the Tribunal is just and fair and sought for dismissal of the appeal.

I have carefully considered the arguments addressed by the learned Counsel for the parties, perused the impugned judgment and award and the oral and documentary evidence adduced by the parties. The records clearly disclose that, in the road traffic accident occurred on 27.12.2008, the claimant has sustained Supracondylar fracture of left humerus. He was inpatient for a period of 3 days. Even though the Doctor has assessed the permanent disability to an extent of 20% to the left upper limb, the Tribunal has awarded compensation of Rs. 12,000/- towards Pain and Suffering, Rs. 5,000/- towards incidental charges, Rs. 5,000/- towards loss of amenities and Rs. 3,000/- towards medical expenses. In all, a sum of Rs. 25,000/- was awarded by the Tribunal which is lower side. Further no compensation is awarded towards future loss of income. Taking into consideration all these aspects of the matter, I am of the opinion that the claimant is entitled for the enhanced compensation. Since the claimant was a student aged about 11 years at the time of accident, I am inclined to award additional compensation by taking the notional income of Rs. 15,000/- p.a. considering the disability to an extent of 6% and by applying multiplier of 18. Hence, the claimant is entitled to another sum of Rs. 16,200/- towards future loss of income, which is rounded of to Rs. 16,000/-, another sum of Rs. 13,000/- towards pain and suffering; a sum of Rs. 10,000/- towards incidental charge and a sum of Rs. 11,000/- towards loss of amenities of life. In all, the claimant is entitled to enhanced compensation of Rs. 50,000/- with interest at the rate of 6% p.a. from the date of petition till realization. Accordingly I pass the following:

ORDER

The Appeal is allowed in part. The claimant is entitled for enhanced compensation of Rs. 50,000/- with interest at the rate of 6% p.a. from the date of petition till realization.