Karibasappa vs Hanchin Amare Manjappa and Others

P.D. Waingankar, J.—Though the appeal is posted for Admission, with the consent of the learned counsel of both the parties, it is taken up for final disposal.

This appeal by the claimant is directed against the judgment and award dated 23.09.2008 in MVC No. 453/2005 on the file of Civil Jude (Sr. Dn.) and MACT., Ranebennur questioning the quantum of compensation awarded by the Tribunal.

On 12.03.2005, the appellant-claimant was proceeding as a pillion rider on a motorcycle bearing registration No. KA/14 R - 8390 from Jayanti village to B.H. Road, Shimoga. At that time, a tractor-trailer bearing Registration No. KA-14/TA-4041 and KA.14/T-6707 came in a rash and negligent manner and dashed against the motorcycle wherein the claimant was proceeding as a pillion rider. As a result of the impact, the claimant sustained multiple grievous injuries for which initially he was treated in Meggan Hospital, Shimoga followed by C.G. Hospital, Davanagere and thereafter K.M.C. Manipal for a prolonged period of time. He spent substantial amount for his treatment in all the three hospitals. He was working as a mason. On account of accidental injuries, he lost his earnings since he is unable to attend his work. Inspite of the best treatment, he has suffered 60% disability of the whole body. He filed a claim petition before the Tribunal under Section 166 of the MV Act.

Petition was opposed by the insurer of the Tractor-Trailer. It came up for consideration before the Tribunal. The Tribunal upon going through the material placed on record and the judgment and award of the Tribunal recorded a finding that the accident and injury sustained by the claimant were on account of the rash and negligent driving of the Tractor and Trailer and thereby, awarded a total compensation of Rs. 4,41,017/- together with 6% interest thereon from the date of petition till the date of realisation.

Dissatisfied with the quantum of compensation awarded by the Tribunal, this appeal is preferred by the claimant.

I have heard both the learned counsel appearing for the appellant-claimant and the respondent Insurance Company. Perused the records and the judgment and award passed by the Tribunal.

The learned counsel for the appellant claimant contends that the disability taken and compensation awarded by the Tribunal on all heads is on the lower side and it requires to be enhanced considerably.

Per contra, learned counsel for the Insurance Company Sri. Ravindra R. Mane would submit that the claim is based on manipulated medical records inasmuch as medical bills as the date of admission and discharge shown in the medical records create lot of confusion which gives an impression that they are all false documents. Learned counsel would submit that the amount of compensation awarded by the Tribunal is in fact on the higher side not based on accepted norms and hence, the appeal is liable to be dismissed.

The point that would arise for my determination is:

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

In order to establish his case, the claimant himself got examined as PW. 1 apart from examining one Hanumantappa as P.W. 2 and Dr. Ravi Karegoudra as P.W. 3. As many as 458 documents were marked as Exs. P1 to 458. Exs. P7, 8 and 9 are the discharge summaries. Ex. P14 is the case sheet issued by KMC Manipal. The perusal of these documents would go to show that in the accident, the claimant sustained as many as 4 major fractures for which he was treated in three major hospitals as inpatient for a total period of about 177 days. It is borne out from the records that he underwent multiple surgeries and even thereafter he is not able to stand on his own without the help of crutches. The Tribunal taking note of all the multiple injuries, the prolonged period of treatment and hospitalization for a period of more than 177 days and the number of surgeries he underwent, awarded compensation of Rs. 70,000/- under the head ''injury, pain and suffering''. It appears to be on the lower side. Having regard to the nature of injuries, the nature of treatment, the period of hospitalization, an amount of Rs. 1,00,000/- would be a just and compensation towards injury, pain and suffering as against Rs. 70,000/- awarded by the Tribunal. Further, the Tribunal has rightly awarded a sum of Rs. 1,12,317/- towards medical expenses on the basis of the medical bills produced. The question of interference by this Court does not arise. The Tribunal has awarded a sum of Rs. 25,000/- towards future medical expenses which appears to be on the lower side. The evidence on record would to go show that the claimant has to undergo 2 to 3 surgeries in future and as such, the claimant has been awarded a sum of Rs. 50,000/- under the head future medical treatment. The Tribunal has awarded a sum of Rs. 18,000/- under the head loss of income during the period of treatment, Rs. 6,000/- towards conveyance, food and other incidental expenses, Rs. 70,700/- towards nourishment which appear to be on the lower side. Therefore, I am inclined to award a sum of Rs. 27,000/- towards loss of earning during the period of treatment for a period of six months @ Rs. 4,500/- per month. An amount of Rs. 16,000/- towards nourishment, food and incidental expenses as against Rs. 6,000/- awarded by the Tribunal. The amount of Rs. 17,700/- awarded by the Tribunal towards nourishment seems to be a reasonable. The Tribunal by taking 25% of the disability of the whole body and the income of the claimant as Rs. 3,000/- per month, determined the loss of future income on account of disability of Rs. 1,62,000/-. It is not in dispute that the claimant sustained four major fractures for which he was treated as inpatient for 177 days and that he underwent number of surgeries. His conditions are such that even now he is not able to stand without the help of crutches on account of non union of the bone. There is also 4 cm. shortening of the leg, the pus is oozing from the wound continuously. The chances of pus formation throughout life cannot be ruled out. Under such circumstances, the Tribunal is not justified in taking the disability of the whole body as 25% though the Doctor has spoken 60% disability of the whole body. I am inclined to take the disability of the whole body as 50%. By taking the income @ Rs. 4,500/- per month and the disability at 50% of the while body, the total loss of future income comes to Rs. 4,86,000/-. So an amount of Rs. 4,86,000/- is awarded towards loss of future income on account of disability as against Rs. 1,62,200/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs. 30,000/- towards loss of amenities. As I have already stated that the claimant is suffering from 50% disability of the whole body as a consequence of which he is not able to stand properly even now without the help of crutches. An amount of Rs. 30,000/- awarded towards loss of future amenities is definitely on the lower side. Ends of justice will be met if an amount of Rs. 60,000/- is awarded towards loss of amenities as against Rs. 30,000/- awarded by the Tribunal. The claimant is a boy aged about 20 to 22 years. He is unmarried. His conditions are such that he is unable to stand up on his own. These injuries definitely marred his marriage prospects to a considerable extent. To compensate the same, a sum of Rs. 50,000/- is awarded.

Thus, the claimant is held to be entitled for compensation under various heads as under:

In all, the appellant/claimant is held to be entitled for a total compensation of Rs. 9,19,017/- as against Rs. 4,41,017 awarded by the Tribunal. There shall be enhancement of Rs. 4,78,000/-. Accordingly, I proceed to pass the following:

"ORDER

(i) The appeal is partly allowed. The judgment and award dated 23.09.2008 passed in M.V.C. No. 453/2005 on the file of Civil Judge (Sr. Dn.) and Addl. MACT., Ranebennur, stands modified.

(ii) The appellant/claimant is awarded enhanced compensation of Rs. 4,78,000/- over and above the compensation awarded by the Tribunal together with interest at the rate of 6% per annum from the date of claim petition till realisation.

(iii) Respondent - New India Insurance Company Ltd., is directed to deposit the enhanced compensation amount together with interest within a period of two months from the date of receipt of a copy of the order.

(iv) In the event of deposit, a sum of Rs. 3,00,000/- shall be invested in the name of the claimant in Fixed Deposit for a period of five years in any Nationalized Bank of his choice.

(v) The balance amount together with interest shall be released in favour of the claimant."