Malli @ Mallikarjuna vs The Divisional Controller, NEKRTC

B. Manohar, J.—Appellant is the claimant, being unsatisfied with the quantum of compensation awarded in MVC No. 461/2008, dated 05.03.2010 by the Motor Accidents Claims Tribunal, Bellary (hereinafter referred to as ''the Tribunal'' for short) filed this appeal seeking for enhancement of compensation. It is the case of the claimant that on 21-1-2008 after getting down from the autorickshaw at Devalapura cross, he was proceeding towards his house at about 7.30 p.m. At that time, a bus belonging to the NEKRTC (''Corporation'' for short) bearing registration No. KA-36/F-513 came from Bellary side driven by its driver in a rash and negligent manner and dashed against the claimant and other two pedestrians. Due to the accident, the claimant sustained injuries. He was shifted to VIMS hospital at Bellary. Thereafter he has taken treatment in St. Mary''s Hospital, Bellary and subsequently he had taken treatment in NIMHAS hospital at Bangalore. In the claim petition, it was contended that due to the head injury and. other injuries sustained to the various parts of the body, he has sustained huge loss and sought for compensation of Rs. 7,00,000/-.

The respondent filed written statement denying the entire averments made in the claim petition and also contended that due to the negligence on the part of the claimant that he suddenly crossed the road, the accident has occurred and sought for dismissal of the claim petition.

The Tribunal after considering the oral and documentary evidence, taking into consideration the copy of FIR, IMV report and charge sheet held that due to actionable negligence on the part of respondent No. 1 accident had occurred. Further taking into consideration the wound certificate at Ex. P5 and discharge summaries at Ex. P6 and Ex. P7, further considering the fact that the claimant was inpatient for a period of 38 days in various hospitals, taking the disability to an extent of 10%, and. income of Rs. 100/- per day, awarded compensation of Rs. 1,61,700/- with interest at 6% p.a. from the date of petition till realization. Being dissatisfied with the quantum of compensation, the claimant has filed this appeal, seeking enhancement of compensation.

Sri. Manjunatha G. Patil, learned Counsel appearing for the appellant contended that the compensation awarded by the Tribunal is on the lower side. The claimant is an agriculturist by profession. The accident had occurred in the year 2008 and the income taken by the Tribunal at Rs. 3,000/- p.m. is on the lower side. Even the daily wagers would earn more than Rs. 3,500/- p.m. He further submitted that though the doctor had assessed the disability to an extent of 35% to the whole body, the Tribunal has taken only 10% and sought for enhancement of compensation.

Sri. Ravi Hosamani, learned Counsel appearing for the respondent-Corporation argued in support of the judgment and award passed by the Tribunal. He further contended that the compensation awarded by the Tribunal is just and fair and sought for dismissal of the appeal.

I have carefully considered the arguments addressed by the learned Counsel for the parties, perused the oral and documentary evidence let in by the parties and the judgment and award passed by the Tribunal. In the road traffic accident occurred on 21-01-2008, the claimant had sustained the following injuries:

(i) Head injury with left parietal extra Dural hematoma;

(ii) Left qualis fracture and fracture medial meammollus;

There is a fracture of right wrist. The doctor who has treated the claimant has assessed the disability to an extent of 35% insofar as fractured injuries and 10%. insofar as head injury is concerned. However, the Tribunal has taken the disability to an extent of 10%, which is on the lower side Further, the monthly income of Rs. 3,000/- is also on the lower side. Taking the income of the claimant at Rs. 4,000/- p.m. and the disability to an extent of 20%, the claimant is entitled to compensation of Rs. 1,63,200/- towards future loss of income. Further, the compensation awarded towards pain and suffering is also very meager. Hence, claimant is entitled to another sum of Rs. 10,000/- towards pain and suffering. The compensation of Rs. 12,000/- awarded towards extra nourishment, conveyance and attendant charges is on the lower side. Hence, the claimant is entitled to another sum of Rs. 10,000/- on the said head and Rs. 5,000/- awarded towards loss of amenities is very less and the claimant is entitled for another sum of Rs. 20,000/- towards loss of amenities and the claimant is also entitled to another sum of Rs. 5,000/- towards loss of income during the laid up period. In all, the claimant is entitled to enhanced. compensation of Rs. 1,47,000/- apart from Rs. 1,61,700/- awarded by the Tribunal. Accordingly, I pass the following:

ORDER

The Appeal is allowed in part. The judgment and award dated 05-03-2010 made in MVC No. 461/2008 by the Tribunal is modified. The claimant is entitled to enhanced compensation of Rs. 1,47,000/- with interest at the rate of 6% p.a. from the date of petition till realization.