Master Sudeep vs Divisional Manager cum Controller, KSRTC, Kolar Division, Kolar-563101

B. Sreenivase Gowda

These appeals are arising out of a common judgment and individual awards of the Tribunal, they are heard together, admitted and with the consent of learned Counsel appearing for the parties, disposed of by this common judgment.

For the sake of convenience, parties are referred to as they are referred to in the claim petition.

As there is no dispute regarding injuries sustained by the claimants in a road traffic accident occurred on 10-7-04, near Tamaka zigzag road on N.H.4 road of Kolar - Mulbagal road, due to rash and negligent, driving of KSRTC bus bearing registration No.KA-07-F-608 by its driver, and liability of the KSRTC, the only point that remains for consideration in these appeals is :

Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement?

MFA No. 10253/2008 (MVC No.305/2004 :

The claimant is Master Sudeep aged about 12 years. As per wound certificate - Ex.P. 13, he has sustained the following injuries:

1) Lacerated wound measuring 1 x 1 1/2 cm

2) Abrasion over right side of chest measuring 5 cm. x 4 cm.

3) Contusion over the right leg below knee joint measuring 10 x 5 cm

4) Tenderness over the right femur and fracture of right femur

5) Lacerated wound on the back of right thigh measuring 3 cm. x 2 cm.

Injuries sustained by him are also evident from the oral evidence of his father and doctor examined as P.Ws. 3 and 4 respectively.

P.W.4 doctor has stated in his evidence that he examined the claimant on 14-1-08 and assessed the disability by examining him clinically and radiologically at 18% to whole body, but he has not issued disability certificate to that effect.

Considering the nature of injuries, Rs.25,000/-awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another Rs.5,000/- and I award Rs.30,000/- under this head.

Amount spent by the claimant towards medical expenses has been reimbursed by the employer of the father of the claimant.

Claimant was treated as inpatient for 38 days in HOSMAT hospital. Considering the same, Rs.2,100/-awarded by the Tribunal towards nourishment and not awarding any amount towards conveyance and attendant charges is not proper. Therefore, a sum of Rs.15,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges as against Rs.2,100/- awarded by the Tribunal under this head.

Doctor has stated, he has suffered disability of 18% to whole body. But he has not stated what is the disability caused to limb. Considering the age and nature of injuries, the disability stated by the doctor will not have any impact on his future earning. Nevertheless, claimant has to bear with certain amount of discomfort and unhappiness for the rest of his life. Considering the same, Rs. 12,000/- awarded by the Tribunal towards future loss of income is on the lower side and I award a sum of Rs.30,000/- towards amenities and disability.

Thus the claimant is entitled for the following compensation:

1)

Pain and suffering

Rs.

30,000/-

2)

Incidental expenses

Rs.

15,000/-

3)

Towards loss of amenities and disabilities

Rs.

30,000/-

Total

Rs.

75,000/-

Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs.75,000/- as against Rs.46,660/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs.28,340/-from the date of claim petition till the date of realisation.

The KSRTC corrected vide chamber order dt. 29-11-11. (P.S.(sic) Hon''ble BSGJ is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment.

Out of the enhanced compensation Rs.20,000/-with proportionate interest is ordered to be invested in F.D. in any nationalized or scheduled Bank in the name of the claimant for a period of 6 years renewable once in three years and the remaining amount with proportionate interest, is ordered to be released in favour of his father to meet the medical expenses.

MFA No. 10252/20068(MVC No.303/2004 :

The claimant is Master Sandeep aged about 16 years. As per wound certificate - Ex.P.25, he has sustained the following injuries:

1) Tenderness over occipital region

2) Contusion present over 2x3 cm over right wrist fore arm

3) Fracture of right radius

He was treated as inpatient from 11-7-04 to 14-7-04.

Injuries sustained and treatment taken by him are also evident from the oral evidence of the father of the claimant and doctor examined as P.Ws. 2 and 4 respectively.

P.W.4 - doctor has stated in his evidence that he examined the claimant on 14-1-08 and assessed the disability by examining him clinically and radiologically at 10% to whole body, but he has not issued disability certificate to that effect.

Considering the nature of injuries, Rs.23,000/-awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement under this head.

Amount spent by the claimant towards medical expenses has been reimbursed by the employer of the father of the claimant.

Claimant was treated as inpatient for 4 days in HOSMAT hospital. Considering the same, Rs.720/-awarded by the Tribunal towards nourishment and not awarding any amount towards conveyance and attendant charges is not proper. Therefore, a sum of Rs.5,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges as against Rs.720/- awarded by the Tribunal under this head.

Doctor has stated, he has suffered disability of 10% to whole body. But he has not stated what is the disability caused to limb. Considering the age and nature of injuries the disability stated by the doctor will not have any impact on his future earning. Nevertheless, claimant has to bear with certain amount of discomfort and unhappiness for the rest of his life. Considering the same, Rs. 10,000/- awarded by the Tribunal towards future loss of income is on the lower side and I award a sum of Rs.20,000/- towards amenities and disability.

Thus the claimant is entitled for the following compensation:

1)

Pain and suffering

Rs.

2,000/-

2)

Incidental expenses

Rs.

5,000/-

3)

Towards loss of amenities and disabilities

Rs.

20,000/-

Total

Rs.

43,000/-

Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs.48,000/- as against Rs.33,920/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 14,080/-from the date of claim petition till the date of realisation.

The KSRTC corrected vide chamber order dt. 29-11-11 (sic) (P.S. to Hon''ble BSGJ) is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment.

Out of the enhanced compensation Rs. 14,000./-with proportionate interest is ordered to be invested in F.D. in any nationalized or scheduled Bank in the name of the claimant for a period of 6 years, renewable once in three years and the remaining amount with proportionate interest is ordered to be released in favour of his father to meet the medical expenses.

MFA No.10101/2008 (MVC No.301/2004 :

The claimant is Sadaya Ravi aged about 48 years. He has sustained the following injuries:

1) Lacerated wound measuring 7x21 cm. over the right wrist

2) Fracture of radius and ulna

3) Abrasion over right shoulder measuring 3 x 2 cm

4) Abrasion over right leg measuring 3x2 cm

5) Severe tenderness present on thigh and fracture of right femur.

Injury No. 1 and 4 are grievous in natured and other injuries are simple in nature.

He was treated as inpatient from 11-7-04 to 31-7-04, 22-8-04 to 28-8-04 and 26-1-05 to 8-2-05, in all for a period of 41 days.

Injuries sustained him are evident from two wound certificates - Ex.P.4 and P.5 and the oral evidence of the claimant and doctor examined as P.Ws. 1 and 4 respectively.

P.W.4 - doctor has stated in his evidence that the claimant has suffered disability of 10% to whole body, but he has not issued disability, certificate to that effect.

Considering the nature of injuries, Rs.45,000/-awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement under this head.

Amount spent by the claimant towards medical expenses has been reimbursed by his employer as he was working in B.E.L.

Claimant was treated as inpatient for 40 days in HOSMAT hospital. Considering the same, Rs.2,000/-awarded by the Tribunal towards nourishment and not awarding any amount towards conveyance and attendant charges is not proper. Therefore, a sum of Rs. 15,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges as against Rs.2,000/- awarded by the Tribunal under this head.

Rs.1,18.000/- awarded by the Tribunal towards loss of income during laid up period is based on the letter - Ex.P.9. Claimant was oh leave from 11-7-04 to October, 2005 and during the said period, his leave was considered as leave without; salary. Claimant has produced salary receipts as per Ex.P.9 series to show that he was getting salary of Rs. 10,000/- per month. But two salary receipts are not pertaining to the claimant. Hence, the Tribunal taking salary of the claimant at Rs.9,000/- per month has awarded compensation of Rs.1,18,000/- towards loss of salary during laid up period. The same is just and proper and there is no scope for enhancement.

After sustaining injuries, claimant has continued his employment in B.E.L. and there is no loss of employment. Therefore, awarding compensation for loss of future income does not arise. Nevertheless, he has to bear with the disability stated by the doctor at 26% to whole body. Considering the same, Rs. 15,000/-awarded by the Tribunal towards loss of amenities is on the lower side. It is deserved to be enhanced by another Rs. 10,000/- and I award Rs.25,000/- under this head.

Thus the claimant is entitled for the following compensation:

1)

Pain and Buffering

Rs. 45.000/-

2)

Incidental expenses

Rs. 15,000/-

3)

Loss of income during laid up period

Rs. 1,18,000/-

4)

Towards loss of amenities and disabilities

Rs. 25,000/-

Total

Rs.2,03,000/-

Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs.2,03,000/- as against Rs. 1,89,100/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 13,900/- rounded of to Rs. 14,000/- from the date of claim petition till the date of realisation.

The KSRTC corrected vide chamber order dt 29-11-11 (P.S. to Hon''ble BSGJ) is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment, and the same is ordered to be released in favour of the claimant.

No order as to costs.