Nagegowda vs Lakshmamma

B. Manohar, J.—Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 15-7-2010 made in MVC No.393/2009 passed by the Additional Motor Accident Claims Tribunal, Mysore (hereinafter referred to as ''the Tribunal'', for short) filed this appeal seeking enhancement of compensation.

The appellant filed a claim petition contending that on 10-11-2004 while he was proceeding in a Bajaj Chetak Scooter bearing Registration No.KA-11/H-9385 towards Kurubarahalli near K.R.Pet Police Station, T.B.Circle, at about 5.20 p.m., a bus bearing Registration No.KA-04/A-5623 came from T.B.Circle in a rash and negligent manner and dashed against the scooter of the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to the Government Hospital, K.R.Pet, thereafter he was shifted to K.R. Hospital at Mysore. he took treatment as inpatient for a period of 10 days. In the accident he has sustained (a) fracture of proximal phalanx right middle finger, (b) fracture of right 4th and 5th metacarpal bone, (c) right parietal contusion and diffuse cerebral oedema, sub-trochonoid haemorrhage, he has spent huge money for the treatment. At the time of accident, the claimant was aged about 35 years and earning Rs.10,000/- p.m., by doing agricultural work and business. In view of the injuries he has sustained, he has become permanently disabled to do the agricultural work. Hence, sought for compensation of Rs.10,50,000/-.

The insurance company defended the case by filing the written statement.

After trial, the Tribunal held that the accident occurred due to the actionable negligence on the part of driver of the bus and the claimant has sustained injuries and he is entitled for compensation. The Tribunal, taking into consideration injuries sustained and suffering undergone, awarded a sum of Rs.50,000/- towards pain and suffering and disablement; Rs.2,000/- towards conveyance; Rs.3,000/- towards attendant charges and nourishing food; Rs.10,000/- towards medical expenditure; Rs.12,000/- towards loss of income during the laid up period; Rs.3,000/- towards discomfort and loss of amenities of life. In all, the Tribunal has awarded a sum of Rs.80,000/- with interest at the rate of 6% p.a. from the date of petition till realization. The liability was fastened on the KSRTC to compensate the claimant. Being not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has preferred this appeal.

I have carefully considered the arguments addressed by the learned counsel for the parties and perused the judgment and award, oral and documentary evidence adduced by the parties.

It is relevant to note here that the very same judgment and award passed by the Tribunal fastening liability on the KSRTC to compensate the claimant was challenged by the Divisional Controller, Karnataka State Road Transport Corporation, Mysore Division, Mysore in MFA No.8473/2010 and other connected appeals before this Court. This Court, after examining the matter in detail, relying upon the judgment of the Hon''ble Supreme Court in the case of UPSRTC v. Kulsum reported in 2011 ACJ 2145 fastened the liability on the insurance company to compensate the claimant. The Insurance Company has not preferred any appeal against the said order, it became final. Hence, the insurance company is liable to compensate the claimant even in this appeal also.

In the road traffic accident. the claimant has sustained the injuries referred to above. He had taken treatment as inpatient for a period of 10 days. The doctor who treated the claimant has assessed the disability to an extent of 25% to the particular limb. The Tribunal has not awarded any compensation towards future loss of income. Further, a sum of Rs.3,000/- awarded towards loss of amenities of life is also on the lower side. Hence, taking the income of the claimant as Rs.4,000/- p.m., disability to an extent of 8% to the whole body, applying the multiplier 16 since the claimant was aged about 35 years as on the date of accident, the claimant is entitled to a sum of Rs.61,400/- towards future loss of income. The claimant is entitled to another sum of Rs.10,000/- towards loss of amenities of life. In all, the claimant is entitled to enhanced compensation of Rs.71,400/- in addition to Rs.80,000/- awarded by the Tribunal with interest at the rate of 6% p.a. In pursuance of the judgment make in MFA No.8473/2010, the insurance company is liable to compensate the claimant. Accordingly, I pass the following:

ORDER

The appeal is allowed in part. The judgment and award dated 15-7-2010 make in MVC No.393/2009 passed by the Motor Accident Claims Tribunal, Mysore is modified. The claimant is entitled to enhanced compensation of Rs.71,400/- in addition to Rs.80,000/- awarded by the Tribunal, with interest at the rate of 6% p.a.

Respondent No.2-insurance company is directed to deposit the entire compensation amount with accrued interest.