K.V. Venkata Reddy vs C. M. Radhakrishna

B. Manohar, J.—Appellant is the claimant. Being dissatisfied with the quantum of compensation awarded by the judgment and award dated 28th September, 2010 made in MVC No. 8306/2008 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as �the Tribunal� for short) he has filed this appeal.

The appellant filed the claim petition contending that on 18-08-2008 at about 8.55 p.m., while he was proceeding in his motor-bike bearing Registration No. KA-04/W- 5355 from Hebbala Kempapura towards White Field, a Canter vehicle bearing Registration No. KA-07/9333 driven by its driver in a rash and negligent manner dashed against the motorbike. Due to the said impact, the claimant fell down and sustained grievous injuries. Initially he had taken treatment at Baptist Hospital and thereafter he had taken treatment at St. John�s Hospital. He was inpatient for a period of 28 days and thereafter he had taken follow-up treatment as out-patient. Prior to the accident, he was working as A.C. mechanic and earning a sum of Rs. 50,000/- p.m. In view of the injuries sustained in the accident, he cannot do the work of A.C. mechanic as he was doing prior to the accident. The first respondent is the owner and the second respondent is the insurer of the canter vehicle and they are jointly and severally liable to pay the compensation. Hence sought for compensation of Rs. 10,00,000/-.

Though the owner of the offending vehicle was served with notice, he remained unrepresented. The insurance company entered appearance and filed written statement denying the averments made in the claim petition and contended that the accident was due to the rash and negligent riding of the motorbike by the claimant himself and hence sought for dismissal of the claim petition.

On the basis of pleadings of the parties, the Tribunal framed the necessary issues. In order to prove his case, the claimant got himself examined as P.W.1 and got marked the documents as Ex.P1 to Ex. P15. He also examined the doctor who treated him as P.W. 3, one of the co-employees was examined as P.W2 and the Medical Records Keeper of the St. John�s Hospital was examined as P.W.4. On behalf of the insurance company, one of the officers of the insurer has been examined as R.W1 and got marked the insurance policy of the offending Canter was marked as Ex. R1.

The Tribunal, after appreciating the oral and documentary evidence let in by the parties and also taking into consideration the spot mahazar, copy of the complaint, sketch, IMV report and other relevant records held that due to the rash and negligent driving of the Canter vehicle by its driver, the accident had occurred and the claimant is entitled for compensation. With regard to quantum of compensation is concerned, in the accident the claimant has sustained (a) Head injury, nasal bleeding and vomiting; (b) fracture of left medial mallolus and fracture of 3rd to 8th ribs of the left side and other injuries all over the body. The doctor who treated the claimant assessed the disability to an extent of 21% to the whole body. Taking into consideration the injuries suffered by the claimant, the Tribunal awarded a sum of Rs. 73,000/- towards pain and suffering; a sum of Rs. 10,000/- towards future medical expenses; a sum of Rs. 8,000/- towards conveyance, attendant and nourishment; Rs. 30,000/- towards loss of income during the laid up period, Rs. 40,000/- towards loss of amenities and discomfort. Even after the accident, the claimant continued to be in the same job. Hence, the Tribunal has not awarded any compensation towards future loss of income. In all, the Tribunal has awarded a sum of Rs. 1,61,000/- with interest at the rate of 6% p.a. from the date of petition till realization. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal.

I have carefully considered the arguments addressed by the learned counsel for the parties and perused the judgment and award, oral and documentary evidence adduced by the parties and other relevant records.

Having heard the learned counsel for the parties, the only point that arise for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is in accordance with law.

The occurrence of accident due to the actionable negligence on the part of driver of the offending vehicle and the injuries sustained by the claimant are not in dispute. In the road traffic accident occurred on 18-8-2008, the claimant has sustained fracture of left medial mallolus, fracture of ribs an head injury. He has undergone surgery, internal fixation has been made. The claimant was inpatient for a period of 28 days and thereafter he had taken follow-up treatment as outpatient. He was out of employment for a period of 3 months. A sum of Rs. 30,000/-awarded by the Tribunal towards loss of income during the laid up period is on the lower side. Hence, the appellant is entitled to another sum of Rs. 15,000/- towards loss of income during the laid up period in addition to Rs. 30,000/- awarded by the Tribunal. A sum of Rs. 8,000/- awarded towards conveyance, attendant and nourishment is also on the lower side. Since the claimant has suffered fracture, he had to visit the hospital very frequently. Hence he is entitled to another sum of Rs. 12,000/- towards conveyance and nourishment. Though the doctor has assessed the disability to an extent of 21% to the whole body, since the claimant continued in the same job, further loss of income has not been awarded by the Tribunal. In the absence of the same, the claimant was awarded a sum of Rs. 40,000/- towards loss of amenities which is on the lower side. Hence, the claimant is entitled to another sum of Rs. 20,000/- towards the loss of amentities. In all, the claimant is entitled to enhanced compensation of Rs. 47,000/- with interest at 6% p.a. Accordingly, I pass the following:

Order

The appeal is allowed in part. The judgment and award dated 28-9-2010 made in MVC No. 8309/2008 passed by the Motor Accident Claims Tribunal, Bangalore is modified. The claimant is entitled to enhanced compensation of Rs. 47,000/- with interest at the rate of 6% p.a.