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Judgment
N.K. Patil, J.—This appeal is directed against the impugned common judgment and award dated 30.8.2004 passed in M.V.C. No. 2216/96 on the file of the Member, Motor Accident Claims Tribunal-IV, Bangalore (SCCH-4), (''Tribunal'' for brevity), on the ground that, the compensation of Rs. 1,45,000/- awarded by the Tribunal with interest at 8% per annum, is inadequate and requires enhancement.
The brief facts of the case are that,
The Appellant was a businessman aged about 60 years. On account of injuries sustained by the Appellant/claimant in Road Traffic Accident that occurred on 22.4.1996 at about 3.00 p.m. near Vadagur Gate on NH.4, he filed the claim petition u/s 166 of the Motor Vehicles Act, claiming compensation of Rs. 8,00,000/- against the Respondents complaining that he has undergone treatment for more than 5 days as inpatient, the Doctor has assessed the permanent disability at 10% to the whole body and that he has spent certain amount towards medical expenses, conveyance, nourishing food and attendant, charges on account of the injuries sustained by him in the road traffic accident.
The Tribunal, after hearing the learned Counsel on both sides and after considering the oral and documentary evidence available on record, allowed the claim petition in part and awarded compensation of Rs. 1,45,000/- with interest at 8% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellant has presented this appeal on the ground that the said compensation awarded by the Tribunal, is inadequate and requires enhancement by modifying the judgment and award of the Tribunal and that no compensation is awarded under the head conveyance, nourishing food and attendant charges.
We have heard the learned Counsel for the Appellant and the learned Counsel for the insurer.
After careful perusal of the impugned judgment and award, it is noticed that the Tribunal after noticing that the claimant took treatment for 5 days as inpatient, has rightly awarded Rs. 30,000/- towards pain and sufferings and Rs. 1,00,000/- towards medical expenses. Therefore the same does not call for interference.
Further the Tribunal has erred in not awarding any compensation towards conveyance, nourishing food and attendant charges and loss of future income. The amount awarded under the heads loss of income during laid up period and loss of amenities is liable to be modified. It is not disputed that the Appellant was aged about 54 years and a business man. Therefore, we can safely assess the income of the Appellant at Rs. 3,000/- per month. He might have spent certain amount towards conveyance, nourishing food and attendant charges. The doctor has assessed the whole body disability at 10%. On account of the injuries sustained the Appellant claims that he cannot carry out business comfortably as earlier. Therefore, we deem it fit to award Rs. 5,000/- towards conveyance, nourishing food and attendant charges, Rs. 9,000/- towards loss of income during laid up period at the rate of Rs. 3,000/-per month for 3 months and Rs. 15,000/- towards loss of amenities, discomforts and unhappiness and Rs. 39,600/- (i.e. Rs. 3.000/-�12�11�10/100) towards loss of future income. In all, we award compensation of Rs. 1,91,400/-. The break up is as under:
Pain and sufferings Rs. 30,000-00 2. Medical expenses Rs. 1,00,000-00 3. Conveyance, nourishing food and attendant charges Rs. 5,000-00 4. Loss of income during laid up period (Rs. 3,000/- � 3) Rs. 9,000-00 5. Loss of amenities, discomfort And unhappiness Rs. 15,000-00 6. Loss of future income Rs. 39,600-00 Total Rs. 1,98.600-00
For the foregoing reasons, the appeal is allowed in part. The impugned common judgment and award dated 30.8.2004 passed in M.V.C. No. 2216/96 on the file of the Member, Motor Accident Claims Tribunal-IV, Bangalore (SCCH-4), is hereby modified by awarding compensation of Rs. 1,98,600/- as against Rs. 1,45,000/- awarded by the Tribunal. The enhanced compensation of Rs. 53,600/- shall carry interest at 6% per annum from the date of petition till the date of realisation.
The first Respondent - Insurance Company is directed to deposit the enhanced compensation with accrued interest, within a period of four weeks from the date of receipt of copy of the judgment.
On deposit of the enhanced compensation with interest by the Insurance Company, the same shall be released in favour of the Appellant, immediately.
Office is directed to draw the award.