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Judgment
Rathnakala, J.
This appeal is filed challenging the inadequacy of the compensation awarded by the 14th Additional Judge, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City (SCCH-10) (hereinafter referred to as ''the Tribunal'' for brevity) vide judgment and award dated 24.02.2012, in MVC No. 6459/2010.
Briefly stated:
"The appellant/claimant on 14.03.2010 at about 11.30 a.m., while he was proceeding on his motorcycle TVS Centra bearing registration No. KA 06 V 2577, along with his relative, on Tumkur -Sira road, via Tholekoppa, Hunjinalu, Somesagara Gate, in front of Kora Police Quarters, in a slow and cautious manner, the offending vehicle the Hyundai Verna Car bearing registration No. KA 17 N 1218, came from the back side and hit the motorcycle. Due to the impact, the claimant and his relative fell down from the motorcycle and sustained grievous injuries, he was shifted to St. John''s Medical College Hospital, Bengaluru. He was in intensive care unit for three days and treated as inpatient for 17 days. He underwent surgery and also plastic surgery. Hence, he filed a petition seeking compensation of Rs. 20,00,000/- from the Insurer and Owner of the offending vehicle."
The Insurance Company contested the petition; the Tribunal after recording the evidence, on giving it''s audience to both parties and on overall consideration of the material on record, awarded compensation of Rs. 1,97,400/- against the Insurance Company.
Sri K. Raghavendra, learned Counsel for the appellant submits that the Tribunal having noticed that the appellant had produced sufficient evidence before the Tribunal that he had suffered commumted fracture of upper right humerus, closed superior and inferior pubic rami fracture, closed wedge fracture of D8, lacerated wound over forehead with frontal bone fracture, subdural haematoma and tear of mesentery. The Tribunal has not considered the pain and agony suffered by him and the miscellaneous expenses spent while on treatment in the hospital for himself and for his attendant, has awarded meager compensation being unmindful of the circumstances. Hence, he may be awarded just and reasonable compensation.
Sri S. Krishna Kishore, learned advocate for respondent No. 1/Insurance Company and Sri S.V. Bhojraj, learned Counsel for respondent No. 2/of the offending vehicle submits that the Tribunal on proper appreciation of the evidence placed by the appellant has properly evaluated the compensation and the circumstances do not call for interference.
Having heard both learned Counsel and on perusal of the impugned judgment and award and the records, the following point arises for our consideration:
"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"
There is no dispute to the fact that the appellant met with an accident on 14.03.2010 at 11.30 a.m. in front of Kora Police Quarters on NH - 4, due to rash and negligent driving of the Hyundai Verna Car bearing registration No. KA 17 N 1218, due to the actionable negligence of the driver of the Car. The risk of the owner of the Car is covered by the Insurance Company under the policy subject to the terms and conditions of the contract.
The claimant was an inpatient at St. John''s Medical College, Bengaluru; suffered commumted fracture of upper right humerus, closed superior and inferior pubic rami fracture, closed wedge fracture of D8, lacerated wound over forehead with frontal bone fracture, subdural haematoma and other simple injuries, that apart, tenderness over mid thoracic region and right pubic region. He had examined the orthopedic surgeon of the hospital who had assessed his permanent disability at 20% to his right shoulder. The Tribunal has awarded Rs. 25,000/- towards pain and sufferings. Having regard to the grievous injuries suffered and treatment undergone by him, we hold the same shall be enhanced by another Rs. 25,000/- and the total compensation towards ''pain and sufferings'' would come to Rs. 50,000/-.
The medical expense and the incidental charges spent are properly allowed by awarding Rs. 85,000/- which does not warrant intervention.
Towards ''loss of amenities and future discomforts'' Rs. 10,000/- is awarded by the Tribunal, which is also not proportionate to compensate the inconvenience he has to bear in future. Hence, we feel it in the fitness of things to enhance by another Rs. 30,000/- under this head.
Towards ''loss of earning during treatment'', the Tribunal awarded Rs. 10,000/-. The Tribunal in the absence of documentary proof has assessed his monthly income as Rs. 4,000/- p.m. and therefore, the claimant is entitled towards ''loss of earnings'' for 3 months amounting to Rs. 12,000/-.
Towards ''loss of future earning capacity'' Rs. 62,400/- is awarded by working out his income as Rs. 4,000/- per month and by adopting multiplier of ''13'' proportionate to his age and by taking the permanent disability to the whole body at 10%. We hold that the same does not call for interference.
Towards future medical expenses, Rs. 5,000/- is awarded without noticing the evidence of the orthopedic surgeon, that he requires shoulder joint replacement in future. Hence under this head, we deem it fit to award additional amount of Rs. 25,000/-. Thereby, there will be an enhancement of Rs. 2,79,400/-.
Accordingly, the appeal is allowed in part.
The judgment and award dated 24.02.2012 in MVC No. 6459/2010 on the file of the 14th Additional Judge, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru city (SCCH-10) is modified by awarding enhanced compensation of Rs. 82,000/- with interest at the rate of 6% p.a. from the date of petition till its realization.
The first respondent - Insurance Company is directed to deposit Rs. 82,000/- along with proportionate interest at the rate of 6% from the date of petition, within three weeks of obtaining the certified copy of the order.
The entire enhanced amount of Rs. 82,000/- with proportionate interest shall be released in favour of the appellant, immediately on deposit by R1 -Insurance Company.
Office to draw the award accordingly.