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Judgment
This appeal by the Appellant is directed against the impugned judgment and award dated 21/11/2005 passed in MVC No. 3411/1998 by the 18th Additional Judge, Court of Small Causes and Member, Motor Accidents Claims Tribunal-IV, Bangalore, (SCCH-4), (hereinafter referred to as ''Tribunal'' for short).
The Tribunal by its judgment and award has dismissed the claim petition. Being aggrieved by the said judgment and award, the Appellant has presented this appeal.
In brief, the facts of the case are:
The injured has filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation of Rs. 4,00,000/-, on account of the injuries sustained by him in the road traffic accident that occurred on 21.8.1998 at about 3.30 p.m., due to the rash and negligent driving by the driver of the car bearing No. 56 v. 242594 near Kantharaj Circle on Mulbagilu-Kolar Road. In the said accident, injured-claimant has sustained grievous injuries and immediately, he has been admitted to Devaraj Urs Hospital. Kolar, and then shifted to Hosmat Hospital, Bangalore, wherein, he has taken treatment as inpatient for 14 days, underwent one surgery and spent considerable amount towards medical expenses, conveyance and other incidental charges. During the pendency of the said claim petition, injured has died and his legal representative, the wife has come on record. The said claim petition had come up for consideration before the Tribunal. The Tribunal after assessing the oral and documentary evidence and other material available on file, has dismissed the claim petition, on the sole ground that, there was no nexus between the injuries sustained by the injured in the accident and his death, without awarding any compensation towards medical expenses, conveyance and other incidental charges and loss of income during the period of treatment, contrary to the evidence available on record. Therefore, the Appellant has filed this appeal.
We have heard the learned Counsel appearing for the Appellant and learned Counsel for the Insurer.
After careful perusal of the original records available on file at threadbare, including the impugned judgment and award passed by the Tribunal, it emerges that, the occurrence and the injuries sustained by the injured in the accident are not in dispute. It is also not in dispute that, the injured has died during the pendency of the petition and his wife has come on record as legal representative. In the said accident, the injured has sustained fracture of femur bone and other injuries, for that, he has taken treatment as inpatient for 14 days, underwent one surgery, thereafter, bed rest and follow up treatment for four months, during that period he might have spent reasonable amount towards medical expenses, conveyance and other incidental charges and he might have lost his income. It is the case of the Appellant that deceased was aged about 31 years, Civil Contractor by profession and an income tax Assessee and he has spent Rs. 70,300/- and a sum of Rs. 57,978/- towards medical expenses for 14 days as per medical bills vide Ex. P11 series. Taking into consideration the nature of injuries sustained, nature and duration of the treatment taken by the injured and presuming that he might have taken bed rest and follow up treatment for a period of six months as per the Advice of the doctor, we award a sum of Rs. 1,28,278/-towards medical expenses, a sum of Rs. 20,000/- towards conveyance, nourishing food and attendant charges and a sum of Rs. 36,000/- towards loss of income during the period of treatment for six months at the rate of Rs. 6,000/- per month having regard to the age, occupation of the injured and the year of accident.
For the foregoing reasons, the impugned judgment and award passed by the Tribunal is liable to be modified. The total compensation payable conies to Rs. 1,84,278/- and the break- up is as follows:
Towards medical expenses
Rs. 1,28,278/-
Towards conveyance, nourishing food and attendant charges
Rs. 20,000/-
Towards loss of income during the period of treatment
Rs. 36,000/-
Total
Rs. 1,84,278/-
Accordingly, the appeal filed by the Appellant is allowed in part and the impugned judgment and award passed by the Tribunal in MVC No. 3411/1998 is hereby set aside, awarding the compensation of Rs. 1,84,278/-with interest at 6% p.a., from the date of petition till its realisation.
The Insurer is directed to deposit the compensation of Rs. 1,84,278/- with interest within a period of four weeks from the date of receipt of a copy of this judgment and award.
Out of the enhanced compensation, 50% with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the Appellant for a period of five years and renewable for another five years, with liberty to her to withdraw the interest accrued on it, periodically.
The remaining 50% with proportionate interest shall be released in favour of the Appellant immediately, on deposit by the Insurer.
Office is directed to draw the award, accordingly.