N.T. Rudramuni, S/o Thippeswamy vs Mahantesh, S/o Thippeswamy

Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 28.02.2009 made in MVC No.75/2008 passed by the Additional Motor Accident Claims Tribunal, Chitradurga (for short hereinafter referred to as ''the Tribunal''), filed this appeal seeking enhancement of compensation.

The appellant filed the claim petition contending that on 10.11.2007, while he was proceeding as a pedestrian on Old Age Persons Ashram road at about 10.00 a.m., a motor cycle bearing Registration No.KA-16-Q-9379 ridden by its rider came in a rash and negligent manner and dashed against the claimant. Due to that, he fell down and sustained injuries to all over the body. Immediately after the accident, he was shifted to District hospital, Chitradurga. Thereafter, he was shifted to Apoorva hospital, Davanagere. In the accident, he has sustained the fracture of the tibia and fibula of right leg and injury to the right ankle and other injuries to the body. He has spent huge money for the treatment. Prior to the accident, he was working as a Flower Vendor and earning a sum of Rs.5,000/- p.m. Due to rash and negligent riding of the motor cycle, accident occurred which was insured with the 2nd respondent. Both the respondent Nos.1 and 2 are liable to compensate to an extent of Rs.4,00,000/-.

Insurance company defended the case by filing written statement.

After trial, the tribunal held that due to the actionable negligence on the part of the rider of the motor cycle, the accident occurred and the claimant is entitled for the compensation.

Though the claimant claimed that he was earning a sum of Rs.5,000/- by doing Flower Vending business, no documents have been produced to substantiate the same. In view of that, Tribunal has taken his income at Rs.80/- per day. In the accident, he has sustained the fracture of tibia and fibula and he has undergone surgery as an inpatient for 14 days and the doctor has assessed the disability at 30% to the particular limb. He was aged about 30 years. The tribunal taking income of the claimant as Rs.2,400/- p.m. with disability to an extent of 10% to the whole body, applying the multiplier "16" awarded a sum of Rs.46,080/- towards loss of future income due to disability, Rs.32,000/- towards pain and sufferings, Rs.14,500/- towards medical expenses, Rs.3,000/- towards attendant charges and Rs.3,000/- towards loss of income during laid up period. In all, a sum of Rs.98,580/- with 6% interest per annum is awarded. Being not satisfied with the quantum of compensation, the claimant has preferred this appeal.

I have carefully considered the arguments addressed by Smt. Vijaya M.N., learned counsel for the appellant and Sri.M.V. Poonacha, learned counsel for the respondent No.2 and perused the judgment and award and oral and documentary evidence.

The dispute in this appeal is only with regard to the quantum of compensation is concerned. In the claim petition, though the claimant claimed that he was doing Flower Vending business and earning a sum of Rs.5,000/- p.m., the tribunal has taken the income of the claimant as Rs.80/- per day which is contrary to law. The accident occurred in the month of November 2007. Even though, the claimant has not produced any documents to substantiate the income, the tribunal ought to have taken reasonable income while awarding the compensation. However, the tribunal taken the income of the deceased at Rs.2,400/- per month only, which is on the lower side. Even the daily wage workers working in various Government Departments, the income being taken as Rs.4,000/- to Rs.4,500/- p.m. The claimant is doing Flower Vending business and hence, his income is taken at Rs.4,500/- p.m. and taking disability at 10% to the whole body, as he was aged about 30 years, applying multiplier "16", a sum of Rs.86,400/- is awarded towards future loss of income due to disability, as against Rs.46,080/-. The claimant was in the hospital for a period of 14 days. He has undergone surgery, a sum of Rs.3,000/- is awarded towards the loss of income during laid up period is lower side. Hence, he is entitled for a sum of Rs.13,500/- as against Rs.3,000/- awarded by the tribunal, under the said head. Hence, the claimant is entitled for enhancement of compensation of Rs.50,820/- which is rounded off to Rs.51,000/- in addition to a sum of Rs.98,580/- awarded by the Tribunal, with 6% interest per annum.

Accordingly, I pass the following: ORDER

Appeal is allowed in part and the judgment and award made in MVC No.75/2008 dated:28.02.2009 passed by the Additional Motor Accident Claims Tribunal, Chitradurga, is modified and the claimant is entitled for a sum of Rs.51,000/- with interest at 6% per annum in addition to a sum of Rs.98,580/- awarded by the tribunal.

In view of the earlier order, the claimant is not entitled for interest for the delayed period of 1190 days in filing the appeal.