Jinendra K. Jain vs M/s. Oriental Insurance Co. Ltd. and S. Thammanna

N.K. Patil, J.—This is a claimant''s appeal against the impugned judgment and award dated 03/12/2009 passed in MVC No. 5839/2007 by the XIII Additional Small Cause Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-15),. (for short ''Tribunal''), for enhancement of compensation. By its judgment and award, the Tribunal has awarded a sum of Rs. 5,93,000/- under different heads with interest at 6% p.a., on Rs. 5,73,000/- (excluding future medical expenses) from the date of petition till the date of deposit as against the claim made by the appellant for a sum of Rs. 25,00,000/-, on account of the injuries sustained by him in the road traffic accident.

In brief, the facts of the case are:

The appellant claims to be aged about 65 years at the time of the accident. He was hale and healthy prior to the accident and working as Internal Auditor in Rythara Seva Sahakara Bank Limited. That on 17.4.2007 at about 3.30 p.m. when he was riding his motor cycle bearing No. KA.04.U.6384 on Doddaballapura main road opposite to Prabhu bar, Puttenahalli, at that time, the driver of the goods tempo bearing No. KA.05.B.2728 came in a rash and negligent manner and first dashed against Tata Indica Taxi bearing No. KA.02.C3006 which was going ahead of him and then it future came and dashed against his motor cycle. Due to which, he sustained 12 injuries as per Ex.P7-wound certificate. Immediately, he was shifted to Columbia Asia Medical Center, Hebbal, where he took treatment as inpatient from 17.4.2007 to 2.5.2007, MRI, CT Head and brain scan and cervical spine was done, underwent two operations, implants were inserted and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment.

It is the further case of the appellant that he spent considerable amount towards medical and other incidental expenses. On account of the injuries sustained by him, he has suffered permanent disability and PW2-Docor has opined that he is suffering from whole body disability a 46% and he requires 3 lakhs for surgery. Taking all these aspects into consideration, appellant has filed a claim petition before the Tribunal, u/s 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. 5,93,000/- as compensation under different heads with interest at 6% p.a., on Rs. 5,73,000/- (excluding future medical expenses) from the date of petition till the date of realization.

Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.

We have heard the learned counsel appearing for appellant and learned counsel for Insurer.

The learned counsel appearing for the appellant, at the outset submitted that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings, loss of amenities, discomforts and unhappiness due to disability and towards future medical expenses and what is awarded is inadequate and it requires to be enhanced. To substantiate the said submission, he submitted that, the Doctor PW2 has opined that appellant has suffered permanent disability at 46% to the whole body and he requires 3 lakhs for future operations. But this aspect of the matter has not been looked into or considered or appreciated by the Tribunal while awarding compensation under these heads. Therefore, he submitted that the impugned judgment and award passed by the Tribunal is liable to be modified, by awarding reasonable compensation.

As against this, learned counsel for the Insurer, inter-alia, contended and substantiated that the judgment and award passed by the Tribunal is just and reasonable and after due appreciation of the oral and documentary evidence available on file and taking into consideration the year of the accident and nature of injuries sustained by the appellant and therefore, it does not call for interference. However, after careful perusal of the records available on file, he fairly submitted that, compensation awarded by the Tribunal towards injury, pain and sufferings and towards future medical expenses is on lower side and it may be considered in accordance with law.

After hearing the learned counsel for the parties 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 compensation awarded by the Tribunal is just and reasonable?

The occurrence of the accident and the resultant injuries sustained by the appellant as per Ex.P7 are not in dispute. Further it emerges that, the Tribunal after assessing oral and documentary evidence, particularly, the medical bills produced by the appellant, has rightly awarded a sum of Rs. 3,33,800/-towards medical expenses, including conveyance, nourishing food and attendant charges, Rs. 24,000/-towards loss of earning during treatment period, Rs. 96,000/- towards loss of future earning, Rs. 50,000/-towards loss of amenities and therefore, it does not call for interference by this Court.

However, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings and towards future medical expenses and therefore, it needs to be enhanced. Admittedly, it is not in dispute that, on account of the injuries sustained by the appellant as per Ex.P7-wound certificate, he has taken treatment as inpatient, undergone two surgeries, implants were inserted and on the advice of the Doctor he might have taken bed rest and follow up treatment. During the said period, he might have undergone pain and agony. The PW2.-Doctor has opined that, appellant has suffered permanent disability a 46% to the whole body and he has to undergo two surgeries in future and it may cost 3 lakhs towards medical expenses and other incidental expenses. Discomforts and unhappiness on account of the injuries sustained by him persists through out his life and it has to be compensated reasonably. Taking all these aspects into consideration, we award a sum of Rs. 1,00,000/- towards injury, pain and sufferings instead of Rs. 70,000/- and Rs. 50,000/-towards future medical expenses instead of Rs. 20,000/-awarded by the Tribunal. In all, the appellant is entitled to the total compensation of Rs. 6,53,800/- instead of Rs. 5,93,800/- awarded by the Tribunal. 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 03/12/2009 passed in MVC No. 5839/2007 by the XIII Additional Small Cause Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-15), stands modified, awarding the compensation of Rs. 6,53,800/- instead of Rs. 5,93,800/- awarded by the Tribunal. There would be an enhancement of Rs. 60,000/-with interest at 6% p.a., from the date of petition till its realization.

The Insurer is directed to deposit the enhanced compensation of Rs. 60,000/- with interest at 6% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment.

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

Draw the award, accordingly.