P. Vinodkumar vs The Oriental Insurance Co. Ltd. and Others

N.K. Patil, J.—This appeal by the claimant is directed against the judgment and award dated 1st April 2011, passed in MVC No. 8186/2008, by the IV Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-6), (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 81,500/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 5,00,000/-, is inadequate.

The appellant claims to be aged about 17 years and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 3:00 P.M. on 17-08-2008, when the appellant was proceeding on Vittalnagar 3rd Cross, from west to east on a Scooter bearing Registration No. KA-03/L-3409 as a pillion rider, due to rash and negligent riding by the rider of another Scooter, bearing Registration No. CKR-6244, is not in dispute. It is also not in dispute that the appellant has sustained compound fracture of both bones of lower 3rd of right leg and tenderness at right ankle and right foot. As per the Wound Certificate, both the said injuries are grievous in nature. He took treatment from 17-08-2008 to 20-10-2008 in Government Hospital.

It is his further case that, on account of the injuries sustained in the accident, he has undergone severe pain and agony 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.

The learned counsel for appellant contends that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings, loss of amenities, discomfort and unhappiness, medical expenses, conveyance, nourishing food and attendant charges, loss of earning due to disability and further erred in not awarding any compensation towards future medical expenses. To substantiate the said submission he submitted that the appellant has sustained compound fracture of both bones of lower 3rd of right leg and tenderness at right ankle and right foot. As per the Wound Certificate, both the said injuries are grievous in nature. He took treatment from 17-08-2008 to 20-10-2008 in Government Hospital and the Doctor has assessed 10.5% disability towards whole body. During the period of treatment, the appellant has spent huge amount towards conveyance, nourishing food and attendant charges apart from medical and other incidental expenses. Therefore, he submitted that reasonable compensation may be awarded under all the heads by modifying the impugned judgment and award passed by Tribunal.

As against this, learned counsel appearing for first respondent/Insurer, sought to substantiate the impugned judgment and award passed by Tribunal, stating that the same is passed after due appreciation of the oral and documentary evidence available on file and taking into consideration the age, avocation, nature of injuries sustained, nature and duration of treatment undergone etc. and hence, interference in the same is uncalled for.

On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 5,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 1st April, 2011. 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. 81,500/- 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 also the learned counsel appearing for first respondent/Insurer.

After careful perusal of the impugned judgment and award passed by Tribunal, the only point that arise for my consideration in this appeal is,

"Whether the quantum of compensation awarded by Tribunal is just and reasonable?"

After perusal of the entire material available on file, it emerges that, the Tribunal, after assessing the oral and documentary evidence available on file, has erred in not awarding reasonable compensation. Admittedly, on account of the road traffic accident, the appellant has sustained compound fracture of both bones of lower 3rd of right leg and tenderness at right ankle and right foot. As per the Wound Certificate, both the said injuries are grievous in nature. He took treatment from 17-08-2008 to 20-10-2008 in Government Hospital. The Doctor has assessed 10.5% disability towards whole body. The appellant being aged about only 17 years has to endure this disability for the rest of his life and he cannot do his regular work as before. During the treatment period, he would have spent reasonable amount towards conveyance nourishing food and attendant charges and also undergone unsaid pain and agony. Therefore, having regard to the nature of injuries sustained, age, avocation of the appellant and nature and duration of treatment, disability and also the fact that he cannot to do his work as effectively as he was doing earlier, I deem it fit to award a global compensation of a sum of Rs. 60,000/-, with interest at 6% per annum, in addition to the compensation awarded by Tribunal.

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 1st April 2011, passed in MVC No. 8186/2008, by the IV Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-6), is hereby modified, awarding compensation of a sum of Rs. 60,000/-, with interest at 6% per annum, from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal.

The first respondent - Insurer is directed to deposit the enhanced compensation of Rs. 60,000/-, 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.