M. Arun Kumar and Others vs Srinivas and Others

N.K. Patil, J.

These two appeals are by the claimant and the insurer being aggrieved by the impugned common judgment and award dated 13.02.2012 passed in MVC No. 2959/2009 on the file of the XVI Additional Judge, Motor Accident Claims Tribunal, Bangalore City (SCCH-14) (hereinafter referred to as ''Tribunal'' for short), for enhancement and reduction of compensation respectively.

By its judgment and award, the Tribunal has awarded a sum of Rs. 31,54,400/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the claimant on account of the grievous injuries sustained by him in the road traffic accident. It is the contention of the claimant that the quantum of compensation awarded is inadequate and requires enhancement. The insurer contends that the quantum of compensation awarded by the Tribunal is disproportionate to the source of income of the claimant. Being aggrieved by the quantum of compensation awarded by the Tribunal, claimant has presented MFA No. 6272/2012 and insurer has presented MFA No. 11713/2012.

It is the case of the claimant that he was aged about 32 years and hale and healthy at the time of the accident and working as Customer Care Executive in a private limited company and drawing a salary of Rs. 12,000/- per month.

Be that as it may, that on 14.09.2008, when he was coming towards Bengaluru from Tirupathi by traveling in a Maruthi Van bearing No. KA-05-MF-4835 which was being driven by him on correct side of the road in the moderate speed by following the traffic rules and signals, at about 1.45 P.M., one Eicher goods tempo bearing No. KA-08-3645 came from opposite direction in high speed, in rash and negligent manner and dashed against the Maruthi Van. Due to the impact, the appellant sustained grievous injuries to the right hip, right lower limb, right leg and right arm and on account of which he has been admitted to R.L. Jalappa Hospital at Kolar. After first aid, he was referred to Christian Medical College Hospital, Vellore, Tamil Nadu, for further treatment. He has undergone treatment for a period of six months and undergone eight surgeries.

The case of the claimant is that he has spent huge amount towards conveyance, transportation and attendant charges. He has taken follow-up treatment for a period of one year on the advice of the doctor. The claimant requires one permanent attendant to assist him to carry on his day to day activities and as result of this, he has discontinued his job. Therefore, he has to be compensated by awarding a reasonable compensation.

It is his further case that the doctor who has treated him in his cross-examination has assessed the neurological disability of the claimant at 62% and permanent disability to the whole body at 64.96%. Taking into account all these aspects into consideration, the Tribunal has awarded a total compensation of Rs. 31,54,400/- under different heads with interest at 6% from the date of petition till the date of realization. Being dissatisfied with the impugned judgment and award passed by the Tribunal, both the claimant and the insurer have presented the appeals seeking appropriate relief as stated supra.

Sri. N. Gopal Krishna, learned counsel appearing or the claimant at the outset submitted that the Tribunal has erred in not awarding any compensation towards future medical expenses, attendant charges and loss of income during the laid up period and no compensation is awarded towards loss of income during treatment period. To substantiate his submission he has pointed out that, the claimant has taken follow up treatment for a period of more than one year in Christian Medical College Hospital, Vellore, Tamil Nadu, for a period of six months and was under treatment as inpatient and he has also undergone eight injuries. The evidence of the doctor reveals that he has sustained 64.96% disability to the whole body, and without any justification, the Tribunal has taken the disability at 45% and the same may be re-determined. Further, the monthly income assessed by the Tribunal at Rs. 8,000/- per month is without any justification and the same may be determined by assessing the monthly income of the claimant reasonably and further he fairly submitted that after going through the original records, the claimant is entitled to compensation towards medical expenses amounting to Rs. 17,42,380/- only as against Rs. 22,45,000/-. Therefore he submitted that the appeal may be allowed by enhancing reasonable compensation on the other heads.

As against this, Sri. H.S. Lingaraj, the learned counsel appearing for the insurer, inter alia, contended that the reasoning given by the Tribunal towards medical bills in paragraph No. 26 and awarding Rs. 22,45,000/- towards medical expenses cannot be sustained and after perusing the original records, only to an extent of Rs. 17,42,387/- needs to be awarded and there shall be a reduction of Rs. 5,02,611/-. Therefore, he submitted that the impugned judgment and award passed by the Tribunal is liable to be modified by awarding only Rs. 17,42,380/- towards medical expenses.

After carefully considering the submission of the learned counsel appearing for both the claimant and the insurer, on perusal of the impugned judgment and award passed by the Tribunal and after evaluation of records available on files, the only point that arise for our consideration in these appeals is

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

It is not in dispute that the claimant sustained grievous injuries in the road traffic accident. Further it is not in dispute that, the claimant was aged about 32 years at the time of accident, hale and healthy and was working as Customer Care Executive in a Private Limited Company and was earning a salary Rs. 12,000/- per month. But he has not produced any document to substantiate the same by producing any credible document such as bank statement, pay slip to support his claim. Having regard to the age, avocation, nature of injuries sustained, the income of the claimant is assessed at Rs. 8,000/- per month to meet the ends of Justice, which is just and proper.

Having regard to the treatment in two hospitals, the appellant has taken first aid treatment in R.L. Jalappa Hospital at Kolar and thereafter he was shifted for further treatment to Christian Medical College Hospital, Vellore, Tamil Nadu, and he has undergone treatment for more than six months as inpatient and also undergone eight surgeries. Coming to the nature of injuries he sustained, we can safely reassess the permanent disability of the claimant at 60% to the whole body to meet the ends of justice. He has suffered pain and agony during treatment period and he has spent some reasonable amount towards conveyance, nourishment and attendant charges. Further as it could be seen, on the advice of the doctor who has treated him, the claimant has undergone follow-up treatment for one year and the discomfort has to be suffered through out his life. On account of grievous injuries sustained, he has discontinued his job and therefore, he has to be compensated by awarding reasonable compensation towards loss of future income.

As rightly pointed out by the counsel appearing for the appellant that he requires one attendant to carry on his day-to-day activities and reasonable amount towards future medical expenses needs to be awarded including incidental expenses.

Taking all the relevant points into consideration as referred supra, we deem fit to award Rs. 1,50,000/- towards pain and suffering as against Rs. 1,00,000/-, medical bills at Rs. 17,42,387/- as against Rs. 22,45,000/-, towards Conveyance, nourishing food and attendant charges at Rs. 1,00,000/- as against Rs. 50,000/-, Loss of income during laid up period at Rs. 96,000/- (Rs. 8000/- x 12 months), Rs. 1,00,000/- towards Food, conveyance and other miscellaneous charges, towards Loss of future income Rs. 9,21,600/- (Rs. 8,000 x 12 x 16 x 60/100) as against Rs. 7,34,000/-, future medical expenses including attendant and incidental charges at Rs. 1,20,000/- as against Rs. 25,000/-. The appellant is entitled to compensation under different heads as follows:-

In all, Rs. 32,59,987/- is awarded as against Rs. 31,45,400/-. There will be a enhancement of Rs. 1,14,587/- with interest at 6% from the date of petition till the date of realization.

Having regard to the facts and circumstances of the case, the appeal filed by the claimant is allowed-in-part and the appeal filed by the insurer is dismissed. The impugned judgment and award passed by the Tribunal dated 13.02.2012 passed in MVC No. 2959/2009 on the file of MACT, Bengaluru City, is hereby modified awarding Rs. 1,14,587/- with interest at 6% from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal.

The insurer is directed to deposit the enhanced compensation with interest within a period of three weeks from the date of receipt of copy of this judgment.

The Tribunal, in turn, is directed to release the entire enhanced amount with accrued interest immediately in favour of the appellant.

The amount in deposit by the appellant in MFA No. 11713/2012 shall be transferred to the Jurisdictional Tribunal, immediately.

Draw the award, accordingly.