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Judgment
N.K. Patil
This appeal by the claimant is directed against the impugned judgment and award dated 23rd May 2007, passed in MVC No. 909/2005, by the II Additional Civil Judge (Sr.Dn) & Additional Motor Accident Claims Tribunal, Chitradurga, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 75,427/-, awarded in his favour as against his claim for Rs. 10,00,000/-, is inadequate. The appellant claims to be aged about 21 years and student, studying in I year BBM. He was hale and healthy prior to the date of accident. That at about 7:00 P.M., on 16-01-2005, when the appellant was going on the extreme left side of the road, the driver of Maruti Van bearing Registration No. KA-16/M-1803 came at a high speed, in a rash and negligent manner and dashed against him in front of Ladies Hostel on B.D. Road, Chitradurga. Due to the impact, the appellant sustained grievous injuries. Immediately, he was shifted to the Hospital, where he was in-patient for three months.
It is the case of the appellant that his parents have spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, they have to be compensated adequately.
On account of the injuries sustained in the accident, the appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 10.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 23rd May 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 75,427/- with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.
We have heard learned counsel for appellant and learned counsel for third respondent/Insurance Company for considerable length of time.
It is the case of the appellant that on account of the road traffic accident, he has sustained totally eight injuries, out of which, four are grievous in nature and the rest are simple. He was in-patient for a period of three months and therefore, he has to be awarded reasonable compensation.
After hearing learned counsel for the appellant and after perusal of the judgment and award passed by Tribunal including the original records placed before us, we are of the view that, occurrence of accident and the resultant injuries sustained by appellant are not in dispute. It is also not in dispute that he was aged about 21 years and studying I year BBM. But, it is stated that he was assisting his father apart from studying. The Tribunal, after assessing the oral and documentary evidence available on file, has rightly awarded compensation of a sum of Rs. 25,427/- towards medical expenses, as per the medical bills and prescriptions and a sum of Rs. 50,000/- towards pain and sufferings on account of the fracture of pelvis and fracture of collar bone. Hence, interference in the same is uncalled for.
But, after perusal of the impugned judgment and award passed by Tribunal, it can be seen that the Tribunal has not awarded any compensation towards conveyance, nourishing food and attendant charges, loss of amenities, discomfort and unhappiness and loss of income during treatment period. Admittedly, in view of the road traffic accident, the appellant has sustained eight injuries, out of them, four are grievous in nature. He has sustained fracture of pelvis and fracture of collar bone and femur. Having regard to the age, avocation, nature of injuries, such as fracture of pelvis, fracture of collar bone and femur, we are of the view that the appellant, being aged about only 21 years, has to suffer future loss of amenities and has to undergo lot of discomforts and unhappiness. Further, it is stated that, on account of the grievous injuries sustained in the accident, he was hospitalized for about three months. During this period, his parents would have spent reasonable sum towards conveyance, nourishing food and attendant charges. Further, there may be loss of income of the attendant, attending the appellant, during his treatment. Further, taking the income of the attendant as Rs. 4,000/- per month, and presuming that the appellant would have been advised to take bed rest and follow-up treatment for at least a period of three months, we award a sum of Rs. 12,000/- towards loss of income of attendant during treatment period, Rs. 10,000/- towards conveyance, nourishing food and attendant charges; and a sum of Rs. 30,000/- towards loss of amenities, discomfort and unhappiness. Thus, the total enhancement of compensation comes to Rs. 52,000/- with interest at 6% per annum from the date of petition till the date of realization. In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part. The impugned judgment and award dated 23rd May 2007, passed in MVC No. 909/2005, by the II Additional Civil Judge (Sr.Dn) & Additional Motor Accident Claims Tribunal, Chitradurga, is hereby modified, awarding a sum of Rs. 1,27,427/- as against Rs. 75,427/- awarded by Tribunal, with interest at 6% per annum on the enhanced sum, from the date of petition till the date of realization. The break-up is as follows:
Towards Pain and sufferings
Rs. 50,000/-
Towards Loss of amenities &
enjoyment in life on account of
disability
Rs. 30,000/-
Towards Medical Expenses
Rs. 25,427/-
Towards conveyance, nourishing food
and attendant charges
Rs. 10,000/-
Towards Loss of earning during
treatment period
Rs. 12,000/-
Total
Rs. 1,27,427/-
The third respondent/Insurance Company is directed to deposit the enhanced compensation of Rs. 52,000/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, the entire sum shall be released in favour of the appellant, immediately.
Office to draw award, accordingly.