D.H. Nagaraj vs C. Somashekara Reddy and Others

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 03.01.2012 passed in MVC No. 7467/2010 on the file of the XIII Addl. Small Cause Judge, Member Motor Accident Claims Tribunal, Court of Small Causes at Bengaluru (SCCH-15), (hereinafter referred to as Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 5,18,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the appellant on account of injuries sustained by him in the road traffic accident.

In brief, the facts of the case are:

"The appellant claims that, he was aged about 60 years as on the date of accident. He was hale and healthy prior to the accident and was doing Real Estate Business. Be that as it may, he met with an accident on 31.08.2010 at about 1.15 p.m., when he was riding his motor cycle bearing Registration No. KA-09-Q-9576 on the extreme left side on Madiwala main road, in front of Madiwala police station, when, a lorry bearing Registration No. KA-05-AA-5722 driven by its driver in a rash and negligent manner dashed against the claimant. Due to the said impact, claimant fell down and sustained grievous injuries. He was shifted to St. John''s Medical College Hospital, where he took treatment as an inpatient from 31.08.2010 to 08.10.2010. He sustained degloving injury over left thigh measuring 25 x 15 cm exposing underlying muscles, left knee fracture, left fibular head and multiple abrasion of varying dimensions over left cheek, left arm, chest and right ankle region. He underwent surgery for the same and he was also treated in Victoria Hospital as an inpatient from 09.10.2010 to 03.11.2010. He has taken treatment for 63 days and still continuing his treatment. He has examined P.W. 2- Dr. Sunderraj Ellur, Professor, Plastic Surgery at St. John''s Hospital, who after medical examination, has assessed disability at 60% to the left lower limb. He is not in a position to do the work as he was doing before accident. He spent huge amount towards medical expenses, conveyance, nourishing food and attendant charges. He suffered mental pain and agony during treatment period and has to endure the same throughout his life. Therefore, he filed a claim petition under Section 166 of MVC Act before the Tribunal claiming compensation against the owner and insurer of the offending vehicle. The said matter had come up for consideration before the Tribunal and the Tribunal in turn after hearing both sides and after appreciating the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum of Rs. 5,18,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation."

The submission of learned Counsel appearing for the appellant at the outset is that, the Tribunal has failed to award reasonable compensation under all heads. Therefore, he submits that, the impugned judgment and award passed by the Tribunal is liable to be modified by awarding just and reasonable compensation under all heads.

As against this, the learned counsel appearing for the second respondent, inter alia, contended and sought to substantiate the impugned judgment and award passed by the Tribunal as just and reasonable and is passed after due appreciation of the oral and documentary evidence available on record. Therefore interference by this Court is not called for.

I have gone through the grounds urged in the appeal and also the submissions made by the learned Counsel appearing for both the parties and perused all the material available on record, including the impugned judgment and award passed by the Tribunal.

Occurrence of the accident resulting in the injuries to the appellant is not in dispute. Further it is not in dispute that the appellant was aged about 60 years and hale and healthy as on the date of accident and was doing Real Estate Business. However, he met with an accident on 31.08.2010 at about 1.15 p.m., when he was riding his motor cycle at Madiwala Main road. He has undergone surgery on account of the injuries sustained in the road traffic accident. He might have suffered pain and agony during treatment period. Having regard to the nature of injuries sustained and duration of treatment, he might have taken bed rest at least for three months. He is not in a position to do the work as he was doing before accident. He has to endure the said difficulty throughout his life. He was doing Real Estate business. Without consideration all these aspects, the Tribunal has erred in taking the income of the claimant at Rs. 5,000/- per month and the same requires to be re-assessed. Accordingly, I deem it fit to re-assess the income of the claimant at Rs. 6,500/- per month, to meet the interest of justice. The doctor has assessed the disability of the claimant at 20%. Taking into consideration, the age of the claimant, year of accident, the appropriate multiplier applicable as 9, a sum of Rs. 1,40,400/- (Rs. 6,500/- x 12 x 20/100 x 9) is awarded towards loss of future earnings'' as against Rs. 1,08,000/- awarded by the Tribunal.

Having regard to the nature of the injuries, age, avocation and period of treatment in the hospital, and presuming that he might have been under rest for more than three months, I deem it fit to award a sum of Rs. 26,000/- (Rs. 6,500 x 4) towards ''loss of income during laid up period'' as against Rs. 20,000/-, Rs. 40,000/- towards loss of amenities'' as against Rs. 25,000/- and Rs. 75,000/- towards ''pain and sufferings'' as against Rs. 50,000/- awarded by the Tribunal. However, the Tribunal has rightly awarded a sum of Rs. 3,15,000/- towards ''medical expenses'', as per medical bills. Therefore, interference by this Court is not called for.

The total compensation payable comes to Rs. 5,96,400/- with 6% interest per annum as against Rs. 5,18,000/- awarded by the Tribunal and the break- up is as follows:

Accordingly, the instant appeal is allowed in part. The judgment and award passed by the XIII Addl. Small Cause Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes at Bengaluru (SCCH-15) in MVC No. 7467/2010 is hereby modified and the claimant is entitled for additional compensation of Rs. 78,400/- with interest at 6% per annum from the date of claim petition till the date of realization.

Respondent No. 2/Insurance Company is directed to deposit the additional compensation with interest, within three weeks from the date of receipt of a copy of this judgment.

On such deposit, the same shall be released in favour of the claimant.

Draw up the award accordingly.