M. Venktaiah vs Narayana Pasaikar

N. K. Patil

This appeal by the claimant in directed against the impugned judgment and award dated 18.06.2009 passed in MVC No. 4/2008 on the file of the Learned Civil Judge (Sr.Dn.) and MACT at Nanjangud. The Tribunal by its impugned judgment and award has awarded a compensation of Rs. 1,10,900/- under different heads with interest at 6% p.a. from the date of petition till the date of realisation. Being aggrieved by the quantum of compensation awarded by the Tribunal as being lower side, the claimant has presented in this appeal. The brief facts of this case are as follows;

The appellant-claimant was aged about 64 years and was hale and healthy prior to the accident. Further, he contended that at About 4.00 p.m. on 01.01.2007, he was proceeding by walk by the side of the road at Devalapura on Chamarajanagar-Gundlupet main road. At that time, a mini lorry bearing Reg. No. KA-2A/M-1075 came in rash and negligent manner and dashed against the appellant Due to the impact the appellant fell down and sustained injuries. He sustained fracture of left tibia and one Degloving injury on left foot with compound fracture of metatarsal bones and his left leg was amputated 3 inches below knee. Due to the injuries sustained in the road traffic accident he undergone treatment for a period of ten days and also undergone one surgery. It is the further case of appellant that he spent considerable amount towards medical expenses and attendant charges, amputated 3 inches below the knee. In view of the injuries sustained, he has to suffer the said disability throughout his life. Taking all these aspects into consideration, he filed claim u/s 166 of Motor Vehicle Act claiming compensation against the owner, insurer and driver of the vehicle, the Tribunal, after appreciation of oral and documentary evidence and other relevant materials on record, taking into consideration the age, avocation, nature of injuries, allowed the claim petition and awarded a sum of Rs. 1,10,000/- under different heads. Hot being satisfied with the award passed by the Tribunal, the appellant has presented this appeal seeking enhancement of compensation.

The case of the appellant in that the tribunal has erred in not awarding reasonable compensation towards attendant charges loss of income during treatment period and not awarded any compensation towards loss of future incomes, loss of amenities, discomfort and unhappiness. Admittedly, the appellant has undergone treatment for a period of ten days and also undergone one surgery and there is amputation of left leg 3 inches below knee. The tribunal has not awarded reasonable compensation and it requires reconsideration by awarding just and reasonable compensation alter re-appreciation of documentary evidence and the impugned Judgment and Award is liable to be modified.

As against this learned counsel for the 3rd respondent-Insurer contended that impugned Judgment passed by the Tribunal is after due consideration of oral and documentary evidence and other relevant materials on record and the Tribunal has rightly awarded condensation towards injury, pain and sufferings, medical expenses, conveyance and attendant charge. Further, he has fairly submitted that the appellant is entitled for enhancement of compensation towards conveyance, and attendant charges, loss of income during laid of period, loss of amenities, loss of future income and future medical expenses the same may be considered in accordance with law.

After careful consideration of the submissions of counsel appearing for both the parties, the only point that arise for consideration is

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

I have perused the impugned Judgment and award passed by the Tribunal, including the records available on the file. The occurrence of the resultant injuries sustained in the road traffic accident are not in dispute and the Tribunal, after assessing oral and documentary evidence and other materials on the record has rightly awarded Rs. 40,000/- towards injury, pain and suffering and Rs. 33,900/- towards medical expenses. Interference in the same is not called for.

However, Tribunel has erred in not awarding reasonable compensation towards attendant charges, loss of income during laid up period, loss of amenities disability, discomforts, unhappiness end bus of future income and future medical expenses. It is not in dispute that, on account of injuries sustained in road traffic accident that occurred on 01.01.2007, the appellant undergone treatment for more than 10 days and undergone one surgery. The grievous injury sustained is fracture of left tibia and one Degloving injury on left foot with compound fracture of metatarsal bones and his left leg is amputated 3 inches below knee.

Having regard to the age, avocation nature of injuries, nature and deviation of treatment and other relevant aspects, I award a sum of Rs. 10,000/- towards conveyance nourishment of food and attendant charges as against Rs. 2,000/ -; Rs. 18,000/ - towards loss of income during laid up period at the rate of Rs. 3,000/-per month for a period of six months as against Rs. 15,000/- awarded by the Tribunal.

However, the Tribunal loss erred in not awarding any compensation towards loss of amenities, loss of future income and future medical expenses for purchase of artificial limbs. Therefore, having regard to the facts and circumstances of the case, coupled with percentage of disability and the nature of injuries, I award a sum of Rs. 40,000/- towards loss of amenities, discomforts and unhappiness. Having regard to the nature of injuries sustained and the schedule under the Workmen Compensation Act, I assess the permanent disability at 50%. Taking the income of the appellant Rs. 3,000/- per month, disability at 50% and adopting multiplier as ''7'', having regard to the age of the appellant, I award a sum of Rs. 1,26,000/- (i.e. Rs. 3,000 x 12 x ''7'' x 50 / 100) towards loss of future income.

The appellant may aha leave to incur future medical expenses towards purchase of artificial limbs. Therefore, I award a sum of Rs. 20,000/- under this head, Thus, the appellant in all would be entitled to the compensation as follow :

Towards injury, pain and sufferings

Rs. 40,000/-

Towards medical expenses

Rs. 53,900/-

Towards conveyance, nourishing food and attendant charges

Rs. 10,000/-

Towards loss of income during the treatment period

Rs. 18000/-

Towards loss of amenities

Rs. 40,000/-

Towards loss of future income

Rs. 1,26,000/-

Towards future medical expenses

Rs. 20,000/-

Total

Rs. 3,07,900/-

The appellant is entitled for sum of Rs. 3,07,900/- as against Rs. 1,10,900/-. There will be an enhancement of Rs. 1,97,000/- with interest at 6% p.a., from the date of petition till its realisation.

Having regard to facts and circumstances referred above, the instant appeal is allowed in part. The impugned Judgment and award dated 18.06.2009 in MVC No. 4/2008 on the file of the Learned Civil Judge (Sr. Dn.) and MACT at Nanjangud, is hereby modified by awarding a sum of Rs. 1,97,000/- with interest at 6% p.a., from the date of petition till its realisation, in addition to the compensation awarded by Tribunal.

The 3rd respondent-Insurer is directed to deposit the enhanced compensation with interest, within three weeks from the date of receipt of a copy of this judgment and award.

Out of the enhanced compensation of Rs. 1,97,000/-, Rs. 1,00,000/- with proportionate interest shall be deposited in the name of appellant in any Nationalised Bank or Scheduled Bank for a period of three years renewable for another three years, and he is entitled to withdraw the interest periodically.

Remaining Rs. 97,000/- with proportionate interest shall be released in favour of the appellant immediately on deposit by the 3rd respondent-Insurer. Draw the award accordingly.