K. K. Jayaramaiah vs M/s. The Oriental Insurance Co. Ltd., Banglore and another

Mrs. Rathnakala, J. - The appellant is aggrieved by the inadequate compensation awarded in his favour by the XVI Addl. Judge, MACT, Bangalore City (SCCH-14) (for short, �Tribunal�) in respect of the injuries suffered in the road traffic accident that occurred on 21.05-2009 at 4.30 p.m.

Though this case is listed for admission, with the consent of learned counsel for both the parties, it is taken up for final disposal.

The appellant filed a claim petition under Section 166(1) of the Motor Vehicles Act before the Tribunal, contending that on 21-05-2009 at 4.30 p.m., while he was proceeding in a Marathi Omni Van bearing No. KA-11-M-2099 from Dharmasthala on NH-4S, near A Nagathihalli, Nagamangala Taluk, Mandya District, all of a sudden offending Lorry bearing registration No. KA-05/AD-117 came with high speed in a rash and negligent manner and dashed against Maruthi Omin, due to the tremendous impact, inmates of the vehicle died/injured. Immediately, lie was shifted to Adichunchanagiri Hospital and after first aid treatment, he was shifted to Sarojini Hospital. He was a businessman and earning a sum of Rs. 2,00,000/- per annum. He has suffered fracture of right patella, Haemarthrosis with effusion of right knee joint, contusion injury to the right foot and blunt injury to the right temporal region.

The case was contested by the owner and insurer of the vehicle. The Tribunal on overall consideration of oral and documentary evidence placed by the both parties, allowed the claim petition in part awarding a compensation of Rs. 1,33,000/- with interest at 6% per annum from the date of petition till realization.

Smt. Sreevidya G.K., learned counsel for the appellant submits that, the Tribunal without taking into consideration the Tribunal without taking into consideration the fracture and multiple injuries suffered by him, awarded only Rs. 4,000/- towards pain and suffering and towards loss of amenities only Rs. 3,000/- is awarded, which is too meager and same requires enhancement, having regard to the permanent disability which he has to endeavour throughout his life. Hence, the judgment and award of the Tribunal may be modified by awarding just and reasonable compensation.

Sri. RS. Jagadish, learned Counsel for respondent No. 1/insurer submits that evidence brought on record disclosed that fracture is united and disability suffered by him will not affect his earning capacity. The compensation awarded by the Tribunal is just and reasonable, not warranting for interference.

In the light of the above rival submissions and also perusal of the impugned judgment and award with the case records, the only point that arises for my consideration is:

Whether the compensation awarded by the Tribunal is inadequate and disproportionate?

There is no dispute about occurrence of the accident of 21-05-2009 and nature of injuries suffered by the claimant. The matter tor concern is, the claimant had suffered one fracture of right patella and other aligned injuries, because of the injuries and left with permanent disability, to sit cross legged, to squat, to climb up and down the stair case. The doctor has assessed the disability at 19% to the right lower limb and 9.5% to the whole body. Having regard to the date, year and nature of injuries suffered, I am of the considered opinion that in respect of pain and suffering apart from Rs. 4,000/- awarded by the Tribunal, he is entitled for additional sum of Rs. 10,000/-. Towards permanent disability, a global compensation of Rs. 20,000/-would serve the ends of justice being met. Towards medical expenses, apart from Rs. 3,000/- awarded by the Tribunal, additional sum of Rs. 10,000/- would be appropriate amount. Thus, he is entitled for additional compensation of Rs. 40,000/- with 6% interest p.a., over and above Rs. 1,330,000/-awarded by the Tribunal.

The appeal is allowed in part.

The judgment and award dated 13-04-2011 passed in M.V.C. No. 7306/2009 by the XVI Addl. Judge, MACT, Bangalore City (SCCH-14), is modified to the extent that the appellant is entitled for additional compensation of Rs. 40,000/- along with interest @ 6% per annum from the date of petition till realization.

Respondent No. 1 /insurer is directed to deposit the enhanced compensation of Rs. 40,000/- with accrued interest before the Tribunal within three weeks from the date of receipt of copy of this judgment.

The enhanced compensation amount with proportionate interest shall be released in favour of the appellant immediately on deposit made by the respondent No. 1/Insurer.

The case records shall be transmitted to the concerned Tribunal forthwith.

Draw the award, accordingly.