Mazhar Pasha vs Branch Managing Director, BMTC and Others

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 12th February 2013 passed in M.V.C. No. 624/2012 on the file of the 14th Additional Judge, M.A.C.T., Court of Small Causes (SCCH-10), Bengaluru, (hereinafter referred to as ''Tribunal'' for short) seeking enhancement of compensation.

The Tribunal by its impugned judgment and award, has awarded a sum of Rs. 5,10,000/- under different heads with interest at 6% p.a., from the date of petition till its realization on account of the grievous injuries sustained by the appellant in the road traffic accident. The claimant has presented this appeal on the ground that the quantum of compensation and the rate of interest awarded by the Tribunal is inadequate and requires enhancement.

Brief facts of the case of the appellant are that, he was aged about 26 years, running a Mobile Service Centre being a Proprietor, earning a sum of Rs. 15,000/- per month and hale and healthy prior to the accident. When things stood thus, on 10.10.2011 at about 10.30 p.m., when himself and his friend were standing in front of a Tea shop and drinking Tea, a BMTC Bus bearing Registration No. KA-01/F-3397 came from Banawara Sante Beedi Circle at high speed and in a rash and negligent manner without following the traffic rules and regulations and hit the motor cycle bearing Registration No. KA-94/HE-9833. Due to the impact, the appellant sustained injuries to nasal bone, open wound and head injury and CT scan showed temporal region EDH, which causes permanent disability. On account of which, he undergone treatment for a period of 28 days in the Hospital as inpatient. He examined the Doctor PW-2, who after clinical and radiological examination has opined that the appellant sustained permanent functional disability to the whole body. The appellant has suffered mental pain and agony during the treatment period and spent huge amount towards medical expenses, conveyance, nourishing food and attendant charges. The appellant was under follow up treatment for a period of more than three months due to discomfort, frustration on account of permanent disability sustained in the road traffic accident. Taking all these relevant aspects into consideration, the claimant filed a claim petition under Section 166 of M.V. Act before the Tribunal against the respondents claiming compensation on account of the grievous injuries sustained in the road traffic accident. The said matter had come up for consideration before the Tribunal. The Tribunal in turn after due consideration of oral and documentary evidence and other material available on record, taking the age, avocation and year of accident, nature of injuries sustained and period of treatment undergone, allowed the said claim petition in part and awarded a sum of Rs. 5,10,000/- under different heads with interest at 6% p.a., from the date of petition till its realization. Being dissatisfied with the impugned Judgment and Award passed by the Tribunal, the appellant has presented this appeal on the ground that the quantum of compensation and the rate of interest awarded by the Tribunal is inadequate and requires enhancement.

It is the submission of learned Counsel appearing for the appellant at the outset that, the Tribunal has erred in assessing the income of the appellant at only Rs. 4,000/- p.m. which is on the lower side, for the reason that, he was aged about 26 years, running a Mobile Service Centre and hale and healthy prior to the accident. Therefore, he submitted that having regard to the age, avocation and year of accident, the income of the appellant may be re-assessed between Rs. 6,500/- p.m. and Rs. 10,500/- p.m. Further, he submitted that the Tribunal has also erred in not considering the duration of treatment undergone, nature of injuries sustained and the evidence of PWs 1 and 2 - claimant and the Doctor. The appellant has suffered mental pain and agony during the treatment period and Doctor advised bed rest and follow up treatment for more than three months on account of discomfort, unhappiness and frustration suffered and he has to endure the same throughout his life. These aspects of the matter may be taken into consideration and re-appreciate the oral and documentary material available on file and allow the appeal by awarding reasonable compensation under all heads. Further, he submitted that the rate of interest awarded by the Tribunal is only 6% p.a. which is on the lower side and in the light of the judgments of Apex Court and this Court in host of judgments, the same may be taken at 9% to 10% p.a. from the date of petition till realization. Therefore, he submits that the impugned Judgment and Award passed by the Tribunal is liable to be modified by enhancing reasonable compensation.

Per contra, the learned Counsel appearing for the 2nd respondent - Insurer, inter-alia contended and sought to substantiate that, the impugned judgment and award passed by the Tribunal is after due consideration of oral and documentary evidence and other material available on record, interference by this Court is not called for.

After careful consideration of the submission made by the learned Counsel appearing for both the parties and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:

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

Occurrence of the accident and the resultant grievous injuries sustained by the appellant in the road traffic accident are not in dispute. The appellant was aged about 26 years, running a Mobile Service Centre. He met with an accident that occurred on 10.10.2011 and sustained grievous injuries like nasal bone injury, open wound and head injury. Further, it emerges from CT Scan that temporal region EDH, causes permanent disability. He has examined the Doctor and he in turn after clinical and radiological examination has opined that the appellant sustained permanent functional disability and he might have suffered mental pain and agony and frustration during the treatment period.

Taking all these aspects into consideration, we deem it fit to award Rs. 30,000/- towards injury, pain and suffering as against Rs. 10,000/-, Rs. 19,500/- towards loss of income during treatment as against Rs. 10,000/- at the rate of Rs. 6,500/- per month for three months, Rs. 60,000/- towards loss of amenities, discomfort and unhappiness as against Rs. 10,000/-. The Tribunal is justified in awarding Rs. 4,80,000/- towards medical expenses and incidental expenses and it does not call for interference by this Court.

Therefore, the appellant is entitled for total compensation under different heads as follows:

In all, the appellant/claimant is entitled to total compensation of Rs. 5,89,500/- as against Rs. 5,10,000/- awarded by the Tribunal. There would be enhancement of Rs. 79,500/-.

As rightly pointed out by the learned Counsel appearing for the appellant, the rate of interest awarded by the Tribunal at only 6% p.a. is on the lower side. The accident occurred in the year 2011 and in the light of hosts of judgments of Apex Court and this Court, we award interest at the rate of 9% p.a. on the entire compensation from the date of petition till realization.

Having regard to the facts and circumstances of the case referred above, the instant appeal filed by the appellant is allowed in part. The impugned judgment and award dated 12th February 2013 passed in M.V.C. No. 624/2012 on the file of the 14th Additional Judge, MACT, Court of Small Causes (SCCH-10), Bengaluru is hereby modified awarding additional compensation of a sum of Rs. 79,500/- with interest at 9% p.a. on the entire compensation from the date of petition till the date of realization.

The 2nd respondent - Insurer is directed to deposit the enhanced compensation of Rs. 79,500/- with interest at 9% p.a. on entire compensation from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of the judgment and award.

The entire enhanced compensation of Rs. 79,500/- with interest at 9% p.a. on entire compensation shall be released in favour of the appellant immediately on deposit by the 2nd respondent - Insurer.

Draw the award, accordingly.