Gangadharaiah K.N. vs Raghu and Others

N.K. Patil, J.—1. This appeal by the claimant-appellant for enhancement of compensation is directed against the impugned judgment and award dated 10/09/2014, passed in MVC No. 1152/2013, by the Senior Civil Judge and Motor Accident Claims Tribunal, Nagamangala, (hereinafter referred to as ''Tribunal'' for short).

The Tribunal, by its judgment and award has awarded a sum of Rs. 6,50,000/- under different heads with interest at 6% p.a., from the date of petition as against the claim of Rs. 25,00,000/-, on account of the injuries sustained by the appellant in the road traffic accident.

In brief, the facts of the case are:

"The appellant claims to be aged about 54 years at the time of the accident. He was hale and healthy prior to the accident, working as LIC agent and also doing agriculture and earning Rs. 70,000/- per month. That on 8.7.2013 at about 11.00 a.m. appellant was proceeding towards Bellur by riding Hero Honda motorbike bearing Reg. No. KA.54.E.5951 on the left side of the road, at that time, the driver of auto bearing No. KA.54.1131 was plying on the said road in front of his bike and when the came near Yelachigere gate, at that time, the driver of the above said auto without giving signal all of a sudden stopped the auto taking it on the left side of the road and his motorbike hit rear portion of the said auto. Due to which, appellant sustained grievous injury to his left leg and other injuries. Immediately, he was taken to A.C. Giri Hospital, B.G. Nagar, Nagamangala and then he took treatment at Panacea hospital, Bangalore, underwent three surgeries."

It is the further case of the appellant that, he spent considerable amount towards medical expenses, conveyance and other incidental charges. On account of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents.

The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 6,50,000/- as compensation under different heads with interest at 6% p.a., from the date of petition.

Being dis-satisfied with the quantum of compensation and the rate of interest awarded by the Tribunal, the appellant has presented this appeal.

The submission of the learned counsel Sri. B.J. Krishna, appearing for appellant, at the outset is that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and suffering, towards conveyance, nourishing food and attendant charges, towards loss of income during treatment period and towards future medical expenses and what is awarded is inadequate and it is liable to be enhanced reasonably. To substantiate the said submission, he has submitted on the basis of the evidence of the Doctor that, appellant has sustained permanent disability at 16% to the whole body and due to which he get mild pain on long walking, he cannot sits cross legged and squat, he has suffered mental pain and agony during treatment period, he has spent considerable amount towards medical expenses, conveyance and other incidental expenses and on the advise of the Doctor, he has taken bed rest and follow up treatment for more than six months and during the said period, he has sustained financial loss and the Doctor has deposed that, he has to undergo another two surgeries as he has sustained fracture of shaft of left femur and displacement and comminuted fracture of left patella with displacement. Further, he submits that, he has suffered permanent disability, due to which, discomforts and unhappiness persists through out his life, it would affect his earning capacity and now he is not in a position to do his work as he was doing earlier. But these aspects of the matter have not been considered or appreciated by the Tribunal while awarding compensation. Further, he submits that the rate of interest awarded by the Tribunal is on the lower side and is liable to be enhanced at 9% p.a. from the date of petition till its realization in the light of the judgment of the Apex Court and this Court. Therefore, he submitted that the impugned judgment and award is liable to be modified by enhancing another sum of Rs. 1.00 lakh.

Per contra, learned counsel appearing for insurer, inter- alia, contended and submitted that the compensation awarded by the Tribunal is just and reasonable and after due appreciation of the oral and documentary evidence available on file, the nature of injuries sustained, nature and duration of treatment taken by him and therefore, it does not call for interference. However, after going through the evidence of the Doctor, he fairly submitted that, reasonable compensation may be enhanced towards injury, pain and sufferings, towards conveyance, nourishing food and attendant charges and towards loss of income during treatment period, in accordance with law.

After careful consideration of the submission made by learned counsel appearing for the appellant, learned counsel appearing for Insurer and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"

It is not in dispute that, in the accident that occurred on 8.7.2013, appellant has sustained fracture of shaft of left femur at junction with displacement and comminuted fracture of left patella with displacement and other injuries as per Ex. P5-Wound certificate. For the above said injuries, appellant took treatment as inpatient for 27 days and underwent three surgeries and on account of injuries he suffered permanent disability. To prove the same, he examined the Doctor as PW2, who after clinical and radiological examination has assessed the permanent disability at 45% to the left lower limb and at 16% to the whole body. During the said period, he might have undergone lot of pain and agony, he might have spent considerable amount towards medical expenses, conveyance and other incidental expenses, and as per the advise of the Doctor he might have taken bed rest and follow-up treatment and incurred financial loss as he could not have attended his work regularly. Discomforts and unhappiness persists through out his life and it would affect his happiness in future life and Doctor has deposed that, appellant has to undergo two more surgeries. Taking all these factors into consideration, we deem it fit to award another sum of Rs. 1,00,000/- in addition to the compensation awarded by the Tribunal.

Regarding rate of interest, as rightly pointed out by the learned counsel appearing for the appellant, 6% interest per annum awarded by the Tribunal is on the lower side, since the accident is of the year 2013. In the light of the judgment of Apex Court and this Court, we award the rate of interest at 9% per annum from the date of petition till its realization on the entire compensation amount instead of 6% per annum awarded by the Tribunal.

There would be an enhancement of Rs. 1,00,000/- with interest at 9% p.a., on the entire compensation amount from the date of petition till its realization.

Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 10/09/2014, passed in MVC No. 1152/2013, by the Senior Civil Judge and Motor Accident Claims Tribunal, Nagamangala, stands modified, awarding a sum of Rs. 1,00,000/- in addition to the compensation awarded by the Tribunal, with interest at 9% p.a. on the entire compensation from the date of petition till its realization.

The third respondent-Insurer is directed to deposit the enhanced compensation of Rs. 1,00,000/- with interest at 9%p.a., on the entire compensation from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment and award.

Immediately on such deposit by the Insurer, the enhanced compensation with interest shall be released in favour of the appellant.

Draw the award, accordingly.