Nabeel vs Mohammed Hussain and Others

N.K. Patil, J.—1. This appeal by the claimant is directed against the impugned judgment and award dated 20.06.2014 passed in MVC No. 777/2012 on the file of the Senior Civil Judge and Member, Addl. MACT, Kundapura (hereinafter referred to as ''Tribunal'' for short) for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 2,98,760/- with interest at 6%p.a., from the date of petition till its realization, on account of the injuries sustained by the appellant in the road traffic accident. He has presented this appeal on the ground that the quantum of compensation and rate of interest awarded by the Tribunal is inadequate and it requires enhancement.

The brief facts of the case on hand are:

"The appellant claims that he was aged about 21 years at the time of the accident, studying 8th semester BE Course in Anjuman Engineering College. That on 05.02.2012, at about 21.00 hours, while he was traveling as a passenger in Auto-Rickshaw bearing Registration No. KA-47-627 from Anfal Super Market towards Bhatkal Anjuman Engineering College, when he reached near Shifa Circle, Bhatkal City, at that time, a Lorry bearing Registration No. KA-25-B-9097 came from opposite direction in a rash and negligent manner. Due to the impact, driver of the lorry lost control over it and came to the extreme wrong side of the road and dashed against the Auto-rickshaw. As a result, Auto-rickshaw turtled on the left side mud portion of the road and he sustained following injuries:

a. Closed Head injuries

b. Fracture of Maxilla Bone.

c. Fracture of Mandible Bone.

d. Comminuted Anterio Posterior Displaced fracture of left para-symphysis with Empty socket of left canine.

e. Comminuted fracture of Anterior wall, medical and posterior-lateral wall of both maxillary sinus with Hemosinus noted.

f. Fracture of Body of left Zygoma

g. Left nasal bone fracture.

h. Fracture of Lateral wall of left orbit.

i. Entra- orbital contents-left orbital emphysema noted.

j. Fracture of left squamous Temporal Bone.

k. Fracture of the Alvolar margines of the Central, Lateral Incisor, Canine and 1st premolar on left side.

l. Mild mucosal thickenine noted.

m. Fracture of bilateral medial and lateral ptryegoid plated

n. Loss of upper one teeth and lower 3 teeth of the frontal side.

o. Fracture of lower 2 teeth."

Immediately, he was shifted to Government Hospital, Kundapura and on the advice of the doctor, he was shifted to Adarsha Hospital, Udupi. The claimant has undergone treatment at three various hospitals as inpatient for a period of seven days. He has also undergone surgery to his fracture mandible bone and maxilla bones. He has spent nearly Rs. 1,25,000/- towards medical expenses and Rs. 65,000/- towards food, nourishment and attendant charges. The injury Nos. 2 and 3 are grievous and other injuries are simple in nature. He is suffering from permanent disability. Therefore, the appellant was constrained to file a claim petition under Section 166 of MV Act, before the Tribunal claiming compensation of Rs. 47,20,000/-.

The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after assessing the oral and documentary evidence, has allowed the claim petition in part and awarded a compensation of Rs. 2,98,760/- with interest at 6% p.a. from the date of petition till its realization. Being dissatisfied with the quantum of compensation and also rate of interest awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.

Sri. H. Pavana Chandra Shetty, learned counsel for the appellant, at the outset, submitted that the Tribunal has erred in not awarding reasonable compensation under the heads pain and suffering and loss of amenities, since the appellant has sustained two grievous injuries. To substantiate his submission, he is quick to point-out that Exs.P4 to P13 disclose the nature of injuries sustained and duration of treatment undergone in the hospital on account of the injuries sustained in the road traffic accident. No compensation has been awarded under the heads loss of education, loss of marriage prospects and future medical and incidental expenses. He further submits that the rate of interest awarded by the Tribunal is also on the lower side, since the accident is of the year 2012. Therefore, he submitted that the impugned judgment and award is liable to be modified by awarding just and reasonable compensation and also the rate of interest.

As against this, Sri. R. Raghu, for Sri. H.S. Lingaraj, learned counsel appearing for 2nd respondent-insurer, inter-alia contended and sought to substantiate that the impugned judgment and award has been passed by the Tribunal after due consideration of the oral and documentary evidence and hence, interference by this Court is not called for. However, after going through the original records, he fairly submitted that the appellant may be awarded some reasonable compensation under the heads loss of amenities, loss of education, loss of marriage prospects and future medical expenses, in accordance with law.

After careful consideration of the submissions 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?"

The occurrence of the road traffic accident on 05.02.2012, at about 21.00 hours is not disputed. It is further not in dispute that the appellant took treatment for seven days as inpatient at different hospitals. The injuries No. 2 and 3 are grievous and rest of the injuries are simple in nature. Due to the injuries, he has suffered pain and mental agony and lost one year academic career and it has also affected his marriage prospects. Taking into consideration all these aspects and after re-appreciation of the material on record, we deem it fit to award a sum of Rs. 75,000/- towards pain and suffering as against Rs. 60,000/-; Rs. 50,000/- towards loss of amenities as against Rs. 35,000/-, Rs. 50,000/- towards loss of marriage prospects, Rs. 50,000/- towards loss of education, Rs. 50,000/- towards future medical and incidental expenses.

The Tribunal has rightly awarded a compensation of Rs. 1,67,760/- towards medical expenses as per medical bills produced by the appellant, and Rs. 36,000/- towards loss of income during the laid-up period. Hence, interference by this Court is not called for.

In the light of the above facts and circumstances of the case, the appellant is entitled to a total compensation under different heads on account of injuries sustained by him in a road traffic accident, the break up of which is as follows:

Accordingly, the appellant is entitled for a total compensation of Rs. 4,78,760/- as against Rs. 2,98,760/- awarded by the Tribunal. Accordingly, there would be enhanced compensation of Rs. 1,80,000/-.

Further, as rightly pointed out by the learned counsel for appellant, the Tribunal has erred in awarding interest at only 6% per annum. Since the accident is of the year 2012, in the light of the decision of the Apex Court and this Court in catena of judgments, we deem it proper to award 9% interest per annum from the date of petition till realization on the enhanced compensation.

For the foregoing reasons, the appeal filed by the appellant is allowed in part.

The judgment and award dated 20.06.2014 passed in MVC No. 777/2012 on the file of the Senior Civil Judge and Member, Addl. MACT, Kundapura is hereby modified, awarding additional compensation of Rs. 1,80,000/- with interest @ 9% p.a. from the date of petition till realization.

The respondent No. 2-insurer is directed to deposit the enhanced compensation of Rs. 1,80,000/- with interest at 9% p.a. from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation of Rs. 1,80,000/-, Rs. 1,00,000/- with proportionate interest shall be invested in the name of appellant in the Fixed Deposit in any Nationalized/Scheduled Bank/Grameena Bank, with liberty to withdraw the interest accrued on it, periodically.

Remaining amount of Rs. 80,000/- with proportionate interest shall be released in favour of the appellant, immediately on deposit made by the second respondent/insurer.

Draw the award, accordingly.