Girisha and Others vs K.M. Parashurama and Others

S.N. Satyanarayana, J—The claimants in MVC. Nos. 156 and 155/2008 on the file of the MACT, Chikmagalur, have come up in these two appeals seeking enhancement of compensation awarded for the injuries suffered by them in a road traffic accident dated 26.2.2008. The appeal in MFA. No. 10623/2011 is by the claimant in MVC. No. 156/08 and the appeal in MFA. No. 10624/11 is by the claimant in MVC. No. 155/08. Admittedly, they are pillion rider and rider of motor cycle bearing Regn. No. KA:18/K-858 which was hit by a KSRTC bus bearing Regn. No. KA:18/F-0058. The accident which has taken place at 4.15 P.M. on 26.2.2008 in front of Bukkasagara Gate, Kadur Taluk is not in dispute. It is also not in dispute that in the said accident the rider and pillion rider of the motor cycle suffered grievous injuries and hence, they were shifted to hospital and complaint was lodged against the driver of KSRTC bus bearing Regn. No. KA:18/F-0058 who is common first respondent in both the claim petitions.

The lower Court records which are produced by the counsel appearing for the claimant would disclose that Girish, the claimant in MVC. No. 155/08 was taken to Kadur Government Hospital, initially for first aid and later he was taken to Nanjappa Hospital where he was inpatient from 26.2.2008 to 29.2.2008. Again he was admitted as an inpatient in the said hospital from 1.3.2008 to 3.3.2008. Thereafter he was inpatient in Mc.Gann Hospital, Shimoga, from 13.3.2008 to 5.6.2008 and later in Kasturba Hospital, Manipal from 4.7.2008 to 21.7.2008 during which period the claimant was treated for the following injuries:-

(1) Compound fracture of fibula head(right);

(2) Fracture of tibia and fibula(right);

(3) Fracture of ulna lower 3rd (R);

(4) fracture of talus;

(5) fracture of cuniform;

(6) fracture of 2nd, 3rd, 4th metatarsal,

(7) fracture of prazinal phalanse, 2nd, 3rd and 4th toe and steel road was inserted to the right leg conducting surgery.

The claim petition which was filed by him in MVC. No. 155/08 would indicate that Girish was hospitalized for a period of 122 days on different occasions in the aforesaid four hospitals wherein he has undergone surgery for the aforesaid injuries and taken prolonged treatment and that he was finally discharged on 17.4.2009. In the meanwhile he has filed the claim petition seeking compensation. The said claim petition was heard along with the claim petition filed by Onkara, who is a pillion rider in MVC. No. 156/08, for the injuries suffered as stated below:-

(1) Compound fracture of right leg;

(2) Contusion over keen joint 6 x 4 cms.

(3) Bleeding from nose present; and

(4) an abrasion over right arum 3 x 2 cms.

For the aforesaid injuries, he was treated in Nanjappa Hospital and Mc.Gann Hospital, Shimoga, for a period of 19 days. In the proceedings before the Tribunal, both Girish and Onkara have adduced evidence as P.Ws.1 and 2. One B.C. Vinayaka who is stated to be the employer of Girish was examined to demonstrate that Girish was working as Hamali in Vinayaka Arecanut Traders, Birur i.e. loading and unloading of arecanut to lorries and other vehicles and earning monthly salary of Rs. 7,500/-. Though such a statement is made by B.C. Vinayaka, no documents were produced to show the avocation of Girish, which was acceptable by the Tribunal. They have also examined one person by name Gopi as P.W.4 who is an eye witness to the accident. In addition to this, they have summoned two doctors namely Dr. Ashwath Acharya from Kasturba Hospital as C.W. 1 and Dr. Umesh Kamath from Nanjappa Hospital as C.W.2. Both of them have spoken to with reference to the documents Exs.P9 to 260, which are documents belonging to both the claimants. So far as Exs.P1 to P8, which are the police documents, the claimants in both the claim petitions have adduced evidence with reference to the same. The case sheets which are produced by the doctors who were examined were marked in C series as Exs.C1 to C5. The Court below on going through the materials available on record threadbare has proceeded to award compensation to Girish in a sum of Rs. 6,63,150/- which is apportioned under various heads as under:-

The rider of the motorcycle-Girish being aggrieved by the quantum of compensation awarded has come up in appeal in MFA. No. 10624/11.

Heard the learned counsel for the appellant as well as the contesting respondents. On going through the entire medical evidence as well as the documents available on record, it is clearly seen that Girish was inpatient in hospitals for 122 days spread over a period of one year three months. In that view of the matter, the compensation awarded towards pain and suffering in a sum of Rs. 30,000/- is on the lower side and the same is enhanced to Rs. 75,000/-. Insofar as medical expenses awarded in a sum of Rs. 1,00,825/- is concerned, the same is retained as it is. The compensation awarded towards food, special diet, attendant charges, nutrients etc. in a sum of Rs. 12,200/- is enhanced to Rs. 35,000/-. The amount awarded towards future medical expenses is retained as it is. So far as loss of income during treatment period is concerned, the same is calculated for a period of 15 months taking the notional income of the claimant at Rs. 4,000/-. With this the claimant is entitled to Rs. 60,000/- towards the same. So far as loss of amenities is concerned, the same is enhanced to Rs. 25,000/-. The loss of future income due to disability is reassessed taking the notional income at Rs. 4,000/- with 18 as multiplier and 46% as the disability, which works out to Rs. 3,97,440/-. With this the claimant-Girish, appellant in MFA. No. 10624/11 is entitled to total compensation of Rs. 8,33,265/-. In other words, enhanced compensation of Rs. 1,70,160/- which is rounded off to Rs. 1,70,000/- which he shall receive with Interest at 6%.

Insofar as Onkar who is appellant in MFA. No. 10625/11 is concerned, his hospitalization is only for a period of 19 days. The injuries suffered by him have healed completely. In that view of the matter, the compensation which is awarded to him in a sum of Rs. 1,82,552/- appears to be just and proper on all counts except with reference to loss of future income and loss of income during the treatment period which is calculated taking the income at Rs. 3,000/- per month. Thus, the compensation payable under the aforesaid heads is reassessed and accordingly, he is entitled to Rs. 24,000/- which is rounded off to Rs. 25,000/- which he is entitled to receive with interest at 6%.

Accordingly, both the appeals filed by the claimants in MVC. No. 156 and 155/08 on the file of the MACT, Kadur, is allowed in part and the appellant in MFA. No. 10624/11 namely Girish is entitled to receive enhanced compensation of Rs. 1,70,000/- with interest at 6% from the date of petition till the date of deposit of the entire compensation, out of which a sum of Rs. 30,000/- is ordered to be released in cash in his favour and remaining amount is ordered to be kept in fixed deposit in any nationalized bank for a period of ten years with right to receive interest periodically.

So far as the appellant in MFA. No. 10623/11 is concerned, he is entitled to enhanced compensation of Rs. 25,000/- with interest at 6% per annum from the date of petition till the date of deposit of the entire compensation. As and when the entire compensation is deposited, the same shall be released in his favour.

The respondent-Insurance Company shall deposit the enhanced compensation in both the appeals within eight weeks from the date of receipt of certified copy of this judgment.