CHELUVANAIKA vs PARVEEZ AHMED, & Ors.

Appellant is the claimant. Being not satisfied with the quantum of compensation awarded in the judgment and award dated 5th July, 2010 passed in MVC No.104/2007 by the Addl. Motor Accident Claims Tribunal, Mysore (for short ''Tribunal''), he has filed this appeal seeking for enhancement of compensation.

The appellant filed a claim petition contending that on 15.10.2006 at about 3.00 p.m., while he was walking towards Santhe Maidan in Yalandur Town to go to BCM Hostel near the office of Yelandur Town Panchayat, a tractor-trailer bearing Registration No.KA-10/T-4275 & 4276 came from Yelandur bus stand in a rash and negligent manner and dashed against the claimant. Due to that, he fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to Government Hospital, Yelandur. After first aid, he was shifted to K R Hospital, Mysore. He had spent huge money for treatment. He took treatment as an inpatient for a period of 49 days. Due to rash and negligent driving of tractor-trailer, the accident occurred. The said vehicle was insured with the 3rd respondent. Hence, the respondents are liable to compensate the claimant to an extent of Rs.8,90,000/- with interest at 9% p.a.

The respondents defended the case by filing written statements.

After trial, the Tribunal held that due to actionable negligence on the part of driver of tractortrailer, the accident occurred and the claimant has sustained injuries. Hence, he is entitled to compensation.

With regard to quantum of compensation is concerned, in the accident, the claimant has sustained compound bimalleolar of fracture of right ankle, bimalleolar fracture of left ankle. He has also sustained abrasion over medial aspect of upper left feet and other injuries to the body. Subsequently, he was hospitalized for a period of 49 days at K R Hospital, Mysore. The Tribunal taking into consideration the injuries sustained and suffering undergone by the claimant, awarded a sum of Rs.1,31,000/- with interest at 6% p.a. The claimant being not satisfied with the quantum of compensation has preferred this appeal.

I have carefully considered the arguments addressed by the learned Advocate appearing for the parties, perused the judgment and award and oral and documentary evidence.

The dispute in this appeal is only with regard to quantum of compensation.

In the road traffic accident, the claimant has sustained compound bimalleolar fracture of right ankle and bimalleolar fracture of left ankle. He has also sustained abrasion over medial aspect of upper left feet and other injuries to the body. He took treatment as an inpatient for a period of 49 days in K R Hospital, Mysore. Dr.Kiran Kalaiah, who treated the claimant assessed the disability to an extent of 65% to both the legs. The Tribunal has not awarded any compensation under the head, ''future loss of income''. The claimant has to lead his remaining life with that disability. Hence, taking into consideration the income of the claimant as Rs.3,500/- per month, taking the disability to an extent of 19% and applying the multiplier ''14'', the claimant is entitled to Rs.1,11,720/- towards ''future loss of income''. Further, the claimant has to lead his remaining life with the disability to an extent of 19% to the whole body. Hence, he is entitled to Rs.20,000/- towards ''loss of amenities in life''. The doctor in his evidence stated that the claimant has to undergo one more operation for removal of implants. The claimant is entitled to a sum of Rs.15,000/- towards ''future medical expenses''. Thus the claimant is entitled to enhanced compensation of Rs.1,46,720/-, which is rounded of to Rs.1,47,000/- in addition to Rs.1,31,000/- with interest at 6% p.a. awarded by the Tribunal. Accordingly, I pass the following: ORDER

Appeal is allowed in part. The judgment and award dated 5th July, 2010 passed in MVC No.104/2007 by the Addl. Motor Accident Claims Tribunal, Mysore is modified. The claimant is entitled to enhanced compensation of Rs.1,47,000/- in addition to Rs.1,31,000/- awarded by the Tribunal with interest at 6% p.a.