P. Devaraj vs The Divisional Controller, KSRTC

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 23.10.2013 passed in MVC No. 848/2012 on the file of III Addl. District Judge and MACT, Mysore(for short ''tribunal).

The tribunal by the impugned judgment and award, awarded compensation of Rs. 1,25,000/- with interest at 6% p.a. from the date of petition till the date of realisation, on account of grievous injuries sustained by the claimant in the road traffic accident. Being aggrieved by the quantum of compensation and also rate of interest awarded, the claimant has presented this appeal.

The brief facts of the case on hand are that the claimant was aged 38 years and hale and healthy prior to the accident. He met with an accident on 7.6.2012 at about 2.45 p.m. while he was returning to his village K. Kannenahalli in a Hero Honda Splendor bike bearing registration No. KA-09-ES-4547, in which the claimant was a pillion rider. When they reached near Arasanakere Gate on Mysore-H.D. Kote main road, a KSRTC bus bearing registration No. KA-09-F-4123 came in a rash and negligent manner and in order to avoid collision with another motor bike bearing No. KA-09-EV-5749, he moved the bus on a wrong side, as a result, he dashed against the motorbike of the appellant-claimant. Due to the impact, the claimant sustained grievous injuries. The claimant examined the Doctor and the Doctor on clinical and radiological examination assessed the disability at 25% towards right upper limb and 20.5% disability towards left upper limb. It is further case of the appellant that he spent reasonable amount towards ''conveyance, nourishing food'', ''discomfort'', ''unhappiness''. The disability suffered by the claimant persists throughout his life and he has to endure the same throughout his life and due to permanent disability, he cannot do his work as he was doing earlier. He is a businessmen by profession owning JCB. Therefore, taking all these relevant factors, he filed a claim petition under Section 166 of M.V. Act claiming compensation against the respondent/Corporation. The said matter had come up for consideration before the tribunal. The tribunal after due consideration of the oral and documentary evidence and other material on record allowed the claim petition in part, awarding a sum of Rs. 1,25,000/- with interest at 6% per annum from the date of petition till the date of realisation. Being dis-satisfied with the compensation awarded by the Tribunal, the appellant herein has filed the instant appeal seeking enhancement of compensation.

We have heard learned counsel appearing for the appellant and learned counsel appearing on behalf of the Corporation.

The submission of the learned counsel Sri. H.C. Shivaramu appearing on behalf of the appellant-claimant at the out-set is that the Tribunal has erred in not awarding reasonable compensation under the head ''conveyance, nourishing food, disability and unhappiness''. The learned counsel submitted that the claimant was a committed businessman owning JCB-transport business, and an income-tax assessee and he used to pay income-tax of Rs. 1,20,000/- per annum and he sustained permanent disability on account of which, he examined the Doctor, who in-turn on clinical examination has assessed 15% disability towards whole body. These aspects are neither looked into nor considered nor appreciated by the tribunal. Further he submits the rate of interest awarded at 6% per annum is also contrary to the law laid down by the Apex Court and this Court in host of Judgments. Therefore the impugned judgment and award passed by the tribunal is liable to be modified awarding just and reasonable compensation and also awarding interest at the rate of 9% per annum.

Learned counsel appearing on behalf of the respondent-Corporation, Sri. P.M. Nawaz, inter alia sought to substantiate the impugned judgment and award and submits that the tribunal after due consideration of the oral and documentary evidence is justified in awarding just and reasonable compensation. Therefore, interference by this Court is not called for.

After careful consideration of the submissions made by the learned counsel for the parties and on perusal of the impugned judgment and award passed by the Tribunal and after evaluation of the records, the only point that arises for our consideration is:--

"Whether the quantum of compensation awarded by the tribunal is just and reasonable?''."

The occurrence of accident and the resultant injuries sustained by the claimant in the road traffic accident are not in dispute. The claimant was aged 38 years and a businessman owning JCB and he was hale and healthy prior to the accident. He met with an accident on 7.6.2012 and sustained grievous injuries as stated supra, on account of which, he was inpatient for a period of eight days in the hospital and the Doctor-PW-2-Shreeharsha on clinical and radiological examination has assessed the disability at 25% towards right upper limb and 20.2% towards left upper limb and the total disability comes to 45.2% and 1/3rd of it comes to 15% which is the whole body disability. The claimant has to pull on the life with the said disability throughout his life. Taking all these relevant factors, we deem it fit to award Rs. 10,000/- towards ''conveyance, nourishing food and attendant charges'' as against Rs. 5,000/- and Rs. 1,50,000/- towards loss of amenities, discomfort and unhappiness'' as against Rs. 25000/- awarded towards loss of amenities'' and Rs. 20,000/- awarded towards ''disability''. However, the tribunal has rightly awarded Rs. 75,000/- towards ''injury, pain and suffering''. Therefore, interference by this Court is not called for. In all, the appellant is entitled for compensation of Rs. 2,35,000/- as against Rs. 1,25,000/- awarded by the tribunal. There shall be enhancement of Rs. 1,10,000/- in addition to the compensation awarded by the tribunal.

As rightly pointed out by learned counsel for the appellant, since the accident has occurred in the year 2012, 9% interest per annum is awarded on the entire enhanced compensation as against 6% interest p.a. awarded by the tribunal.

For the foregoing reasons, the instant appeal filed by the appellant is allowed-in-part. The impugned judgment and award dated 23rd October 2013 passed in MVC No. 848/2012 on the file of III Addl. District Judge and MACT, Mysore is hereby modified awarding additional compensation of Rs. 1,10,000/- with 9% interest per annum from the date of petition till the date of realization.

Respondent-Corporation is directed to deposit the enhanced compensation with interest within a period of three weeks from the date of receipt of copy of the Judgment.

The enhanced compensation with interest shall be released in favour of the appellant immediately on deposit by the respondent -Corporation.

Office to draw award, accordingly.