Nazeer Ahmed vs K. Armugam and The Manager

N.K. Patil, J.—This appeal by the claimant is directed against the judgment and award dated 24th January 2009, passed in MVC No. 536/2006, by the Additional Civil Judge (Sr. Dn), Motor Accident Claims Tribunal, Tumkur, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 3,80,553/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 16,00,000/-, is inadequate. The appellant claims to be aged about 48 years and working as a Driver in a Company, earning a sum of Rs. 6,000/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident between 7:30 A.M. and 7:45 A.M., on 09-03-2006, near Kallipalya gate on Tank Bund from Gubbi-Bangalore road, when the appellant was an employee of one Sheshadri Agencies, Shimoga, was travelling in Eicher bearing Registration No. KA-14/9934, on account of rash and negligent driving by the driver of a Lorry bearing No. KA-01/AE-3555 is not in dispute. It is also not in dispute that the appellant has sustained fracture of right femur(shaft) mid and lower 3rd, fracture left shaft of femur upper 1/3rd, fracture left lower end of radius and ulnar styloid, fracture neck and greater bronchantes of right femur, fracture shaft of lower 1/3rd of fibula, abrasion over insolence, tenderness TL spine, fracture patella and upper end of tibia. Due to the injuries sustained in the accident, he was shifted to Kasturba Hospital, Manipal, where he was admitted as in-patient from 12-02-2006 to 22-02-2006, but as per case sheet, he was discharged on 31-03-2006.

It is his further case that, on account of the accident, he sustained injuries stated above and for the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

On account of the injuries sustained in the accident, the appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 16,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 24th January, 2009. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 3,80,553/- under different heads, with interest at 6% per annum, from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.

I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant and the Insurer.

After hearing the learned counsel appearing for the appellant, the learned counsel appearing for Insurer and after going through the impugned judgment and award passed by Tribunal, I am of the view that, the Tribunal, after assessing the oral and documentary evidence available on file and also considering the nature of injuries sustained has rightly awarded compensation of Rs. 30,000/- towards loss of amenities in life, Rs. 1,78,233/- towards medical expenses; Rs. 15,000/- towards future medical expenses, and Rs. 1,12,320/- towards future earning capacity. Hence it does not call for interference.

However, so far as the compensation awarded under other heads is concerned, the Tribunal erred in not awarding reasonable compensation and therefore, it requires enhancement.

After perusal of the impugned judgment and award passed by Tribunal, it can be seen that the appellant has sustained fracture of right femur(shaft) mid and lower 3rd, fracture left shaft of femur upper 1/3rd, fracture left lower end of radius and ulnar styloid, fracture neck and greater bronchantes of right femur, fracture shaft of lower 1/3rd of fibula, abrasion over insolence, tenderness TL spine, fracture patella and upper end of tibia. As per wound Certificate Ex. P3, the injuries 1 and 6 to 9 are grievous in nature and injuries 7 and 8 are simple in nature. In the evidence, C.W. 1 has deposed that the appellant has sustained 26% disability towards whole body. The Tribunal, has accepted the same and the same is just and proper. The appellant, being aged about only 48 years, has to endure this disability for the rest of his life. Further, the monthly income of Rs. 3,000/- assessed by Tribunal is also just and proper and I accept the same. Admittedly, due to the injuries sustained in the accident, the appellant was inpatient in the Hospital for some period. During the period of treatment, the appellant must have undergone lot of unsaid pain and agony. Having regard to the nature of injuries sustained and surgery undergone, I presume that he should have taken bed rest and follow-up treatment at least for a period of four months. Further, during the period of treatment, he would have spent reasonable sum towards conveyance, nourishing food and attendant charges apartment from incidental and medical expenses. Therefore, having regard to the nature of injuries sustained, age, avocation and the nature and duration of treatment, I award a sum of Rs. 15,000/- towards conveyance, nourishing food and attendant charges as against Rs. 8,000/-; Rs. 50,000/- towards pain and sufferings as against Rs. 35,000/-; Rs. 12,000/- towards loss of income during treatment period, at the rate of Rs. 3,000/- per month for a period of four months as against Rs. 2,000/-; Thus, the appellant in all, would be entitled to a total compensation of Rs. 4,12,553/-, with interest at 6% per annum as against Rs. 3,80,553/- awarded by Tribunal. There would enhancement of compensation by a sum of Rs. 32,000/with 6% interest per annum, and the break up is as follows:

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In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part. The impugned judgment and award dated 24th January 2009, passed in MVC No. 536/2006, by the Additional Civil Judge (Sr. Dn), Motor Accident Claims Tribunal, Tumkur, is hereby modified, awarding compensation of a sum of Rs. 4,12,553/-, with interest at 6% per annum, as against Rs. 3,80,553/-, awarded by Tribunal. There would be an enhancement of compensation of Rs. 32,000/- with 6% interest per annum.

The second respondent-Insurer is directed to deposit the enhanced compensation, with interest thereon at 6% per annum, from the date of petition till the date of realization, within three weeks from the date of receipt of copy of the judgment.

On such deposit by the Insurer, the entire sum shall be released in favour of the appellant, immediately.

Office to draw award, accordingly.