Kirana. P. vs Afzal Fasha

N. K. Patil, J. - This appeal by the claimant-appellant is directed against the impugned judgment and award dated 2-9-2015 passed in MVC No. 510/2014, by the Principal District and Sessions Judge and Motor Accident Claims Tribunal, Chamarajanagar, (for short �Tribunal�), for enhancement of compensation, on the ground that, the compensation of Rs. 20,34,200/-awarded by the Tribunal under different heads as against the claim of Rs. 48,50,000/-, on account of the injuries sustained by the appellant in the road traffic accident, is inadequate.

It is the case of the appellant that he is aged about 22 years as on the date of the accident, hale and healthy prior to the accident, studying Engineering course and also doing agricultural work and earning Rs. 10,000/- per month. That on 16-2-2013 at about 8.30 p.m. when the appellant was proceeding on his motor bike bearing Reg. No.KA. 10.E.4878 near Somwarpet, Chamarajanagar-Sathya-mangala road and when he came in front of bus stand, at that time, the driver of the crane bearing Reg. No.KA. 13.M.5866 came from opposite direction in a rash and negligent manner and dashed against him. Due to which, he sustained grievous injuries on his right leg, right and left hands and in both shoulders and the motorcycle was also damaged. Immediately, he was shifted to Govt. Hospital Chamarajanagar and after first aid treatment, he was shifted to Mahadeshwara Nursing Home, Mysore, where he took treatment as inpatient, underwent surgery and therefore, 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 has spent considerable amount towards medical expenses and other incidental charges and as his right leg was amputated, he has suffered permanent disability. Therefore, he has filed a claim petition before the Tribunal under Section 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 appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part, awarding the compensation of Rs. 20,34,200/- under different heads with interest at 6% p.a., from the date of petition till realization. Not being satisfied with the quantum of compensation and the rate of interest awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement.

We have heard learned counsel appearing for the appellant and perused the impugned judgment and award passed by the Tribunal.

It is the submission of the learned counsel Sri. Syed Abdul Saboor appearing for the appellant, at the outset that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings and towards loss of future medical expenses and in not awarding any compensation towards loss of amenities, discomforts and unhappiness and towards loss of education for one academic year as he is aged about 22 years, studying in Engineering course and what is awarded is on the lower side and is liable to be enhanced reasonably having regard to the nature of injuries sustained and the nature and duration of treatment taken by the appellant. Further, he submits that the 6% interest awarded by the Tribunal is also on the lower side and is liable to be enhanced in the light of the judgment of the Apex Court and this Court as the accident is of the year 2013. Therefore, he submitted that the imugned judgment and award is liable to be modified.

After hearing the learned counsel appearing for the appellant and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, it emerges that, in the accident that occurred on 16-2-2013, appellant has sustained grievous injuries as per Ex. P5-wound certificate, for that, he has taken treatment as inpatient for 25 days underwent surgery, his right leg was amputated and he might have spent reasonable amount towards medical expenses, conveyance and other incidental expenses and suffered mental shock and agony during the said period. It is the submission of the learned counsel appearing for appellant that, appellant is aged about 22 years, studying Engineering course and also doing agricultural work and on account of the injuries sustained by him in the accident, he took treatment as inpatient for 25 days, underwent amputation of right leg and as per the evidence of Doctor, appellant has sustained permanent disability of 78.26% to right lower limb and 30% to the left upper limb and at 36% to the wholebody and artificial limb of Autobacs are inserted and appellant has to suffer this disability through out his life, it would affect his marriage prospects, but these aspects of the matter have not been considered or appreciated by the Tribunal and therefore, compensation may be enhanced reasonably. We have carefully gone through the submission made by learned counsel appearing for appellant and perused the reasoning given by the Tribunal. The tribunal, after appreciating the oral and documentary evidence, taking into consideration the nature of injuries sustained by the appellant, the nature and duration of the treatment taken by him, the percentage of disability suffered by him on the basis of the evidence of Doctor, assessing notional income of the appellant at Rs. 15,000/- p.a. applying multiplier of �18� and taking disability at 36% has justified in awarding a sum of Rs. 9,72,200/- towards loss of future earning due to disability. The Tribunal has also justified in awarding a sum of Rs. 70,000/- towards injury, pain and sufferings, Rs. 9,19,700/- towards medical expenses, Rs. 15,000/- towards conveyance, Rs. 7,500/- towards food and nourishment, Rs. 50,000/- towards future treatment and in all, Rs. 20,34,200/-with interest at 6% p.a., from the date of petition till realisation and therefore, it does not call for interference by this Court, nor we find any arbitrariness or unreasonableness in the same. Even the appellant has not made out any good grounds to entertain the relief sought in this appeal. Hence, the appeal filed by the appellant is dismissed as devoid of merits. Ordered accordingly.