D.N. Shivanna vs Divisional Controller.K.S.R.T.C. Hassan Depot

H.S. Kempanna, J.—Though this matter has been listed for orders on the application filed for condoning the delay, as the same is allowed by a separate order passed by this Court today with consent of the learned Counsel for the respective parties, it is taken up for final disposal.

This appeal is by the claimant seeking for enhancement of compensation in respect of the injuries, which he sustained in a motor accident.

For the sake of convenience, the parties In this appeal would be referred to by their rankings as they are annoyed in the claim petition before the Tribunal

The brief facts of the case are;-

The Appellant/claimant fifed his claim petition u/s 166 of M.V. Act before the Tribunal claiming compensation in respect of the injuries, which he has sustained in the motor accident that took place on 10.2.2000 at 11.30 p.m. near A. Nagathihalli situated on Bangalore- Hassan road involving the bus bearing Reg. No. KA-13-F.693 driven by its driver and owned by the Respondent/Corporation at the relevant point of time, In the impugned, accident, he sustained injuries to his left leg. He took treatment in the hospital by spending huge amount. But he is not completely cured of the injuries, as such he is unable to carry on his avocation of business which has resulted in loss of income. Accordingly, sought for grant of compensation.

After service of notice, Respondent Corporation appeared and contested the claim of the Petitioner. They denied the accident having taken place due to the fault of the driver of the bus. On the other hand, it took place due to the fault of the driver of the mini lorry. They also denied the age avocation, income, injury sustained, treatment taken, amount spent for the same by the claimant and accordingly, they sought for dismissal of the petition.

The Tribunal on considering the evidence and the documents on record held that the accident has taken place solely on account of the fault of the driver of the offending bus. Accordingly, the claimant has established actionable negligence. Further the Tribunal looking to the evidence of the claimant, wound certificate produced by the claimant, taking into account the nature of Injury sustained by him, has awarded a global of compensation of Rs. 10,000/- with interest at 6% per annum from the date of petition till realisation. Further it saddled the liability of payment of compensation on the Respondent/corporation.

The claimant being aggrieved of the quantum of compensation is in appeal before this Court.

The learned Counsel appearing for the Appellant/ claimant submitted that the Tribunal has erred in awarding only global compensation without awarding any compensation either towards medical expenses, conveyance, nourishment and attendant charges and loss of income during laid up period Hence, a case for enhancement is made out.

Per contra, the learned Counsel for the contesting Respondent/Corporation supported the impugned judgment and award of the Tribunal.

Taking the rival submission into consideration and this papers now made available before me at the time of hearing, the point that arises for my consideration is.

Whether Appellant/ claimant has made out a case for enhancement of compensation?

The facts are not in dispute. The Appellant/claimant having met with accident, injury sustained, treatment taken are not in dispute. According to the claimant, he has sustained server injuries to his left leg. The wound certificate which is at Ex.P.3 that has been produced by him in the case reveals that he has sustained fracture of head of proximalo phalanx [3rd toe). Except this injury, there is no other injuries sustained by him in the impugned accident. Though he has claimed that he took treatment as inpatient in the hospital, no documents in support of the same has been produced. Further no medical bills are produced to establish "what is the amount be has spent for the treatment. Taking these factors into consideration, the Tribunal has awarded global compensation of Rs. 10,000/ - to the claimant, Having regard to the nature of fracture sustained, in my view, if he is awarded a sum of Rs. 3,000/- in addition to Rs. 10.000/- awarded by the Tribunal it would meet the ends of justice.

Accordingly, appeal has to succeed in part.

In result for the foregoing reasons, I proceed to pass the following:

ORDER

(i) The Appeal is allowed in part.

(ii) The impugned judgment and award passed by the Tribunal is modified and the Appellant/ claimant is awarded total compensation of Rs. 13,000/- with interest at the rate of 6% per annum from the date of petition till realisation as against Re. 10.000/- with interest at the rate of 6% per annum from the date of petition till realisation awarded by the Tribunal. The enhanced compensation comes to Rs. 3,000/- with interest at 6% per month from the date of petition till realisation.

(iii) The Respondent/ Corporation shall deposit the enhanced compensation with interest before the Jurisdictional Tribunal within four weeks from the date of receipt of the copy of the judgment and award. Further it is made clear that the Appellant is not entitled to interest on the delayed period of 384 days on the enhanced compensation.

(iv) On deposit entire compensation with interest whatsoever is ordered to be released in favour of the Appellant/ claimant.

Office to draw the award accordingly.