Pruthvi Raj Since minor rep. by his Father and natural guardian Sri. A. Lakshminarayana vs P.L. Manjunatha

This appeal by the appellant-claimant through his natural guardian-father is directed against the impugned judgment and award dated 14/09/2010 passed in MVC No. 245/2009 on the file of the Principal Senior Civil Judge & JMFC -cum- Member, MACT-IV, Hospet, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation. By its judgment and award, the Tribunal has awarded a sum of Rs. 3,84,600/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant for a sum of Rs. 30 lakhs on account of the injuries sustained by him in the road traffic accident.

In brief, the facts of the case are:

The appellant claims to be aged about 5 years. He was hale and healthy prior to the accident. It is the case of the guardian of the appellant that, in the accident that occurred at about 2.00 noon, on 19.12.2008 when the minor appellant was walking on extreme left side of the road to his house and when he came in front of Kanaka Durga Bar, Thoranagallu R.S., at that time, one Tipper Lorry bearing No. KA. 35.5837 came from Hospet side with great speed in a rash and negligent manner and dashed against him, due to which, he sustained crush injury to right foot with degloving of the right leg and foot. Immediately, he has been shifted to Jindal Sanjeevini Hospital and thereafter, as per the advise of the Doctor, he was shifted to Sanjeevini Hospital, Bellary and then he was referred to Colombia Asia Referral Hospital, Bangalore, for higher treatment, wherein, his right foot was amputated below the knee, he has taken treatment from 19.12.2008 to 28.12.2008 as inpatient and thereafter follow up treatment for three months, and thereafter artificial limb has been fixed. It is the further case of the guardian of the appellant that he spent huge amount towards medical expenses, conveyance and other incidental charges and on account of the injuries sustained by the appellant, he has suffered permanent disability. The Doctor has assessed the disability at 75% as per Disability Certificate Ex. P46. Therefore, appellant has filed a claim petition before the Tribunal u/s 166 of M.V. Act, through his natural guardian father, claiming compensation against the respondents.

The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part, awarding a sum Rs. 3,84,600/- as compensation under different heads with interest at 6% p.a., from the date of petition till its realization.

Being dis-satisfied with the quantum of compensation awarded by the Tribunal, appellant has presented this appeal through his natural guardian-father, seeking enhancement of compensation.

We have heard the learned counsel appearing for appellant and learned counsel appearing for second respondent.

After hearing the learned counsel for the parties and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, we are of the considered view that, the occurrence of the accident and the resultant injuries sustained by the appellant are not in dispute The Tribunal after assessing the oral and documentary evidence, taking into consideration the nature of injuries sustained, the nature and duration of the treatment taken by the appellant, has awarded just and reasonable compensation of Rs. 1,64,600/- towards medical expenses, Rs. 5,000/- towards conveyance, nourishing food and attendant charges and Rs. 1,35,000/-towards loss of amenities in life, for disability and towards loss of earning power due to disability and therefore, interference by this Court is not called for.

However, the Tribunal has erred in not awarding reasonable compensation towards injury pain and suffering, towards future medical expenses and towards loss of marriage prospects and what has been awarded is on lower side and therefore, it needs to be enhanced. Admittedly, it is not in dispute that, in view of the injuries sustained by the appellant as referred above, he has taken treatment as inpatient for 08 days, undergone amputation of right leg below knee and thereafter, bed-rest and follow up treatment, during the said period, he might have underwent pain and agony and on account of the amputation of his leg, he suffered permanent disability and the Doctor has assessed the disability 75% as per Disability Certificate Ex. P46 and the Tribunal has assessed the functional disability at 60% and we accept the same, which is permanent, in nature and he has to suffer this disability through out his life and it would affect his marriage prospects. Further, due to amputation of right leg below knee, appellant has to replace the artificial limb periodically and for that, he may require reasonable amount and that has to be compensated reasonably. In view of the well settled law laid down by the Apex Court and this Court in hosts of judgment, we award a sum of Rs. 1,50,000/- towards pain and sufferings against Rs. 50,000/-, Rs. 1,00,000/- towards loss of marriage prospects against Rs. 10,000/-, and Rs. 50,000/- towards future medical expenses, including periodical replacement of artificial leg against Rs. 20,000/-. In all, the claimant is entitled for the total compensation of Rs. 6,04,600/- instead of Rs. 3,84,600/- awarded by the Tribunal and the break- up is as follows:

For the foregoing reasons, the appeal filed by the appellant is allowed in part and the impugned judgment and award dated 14th September 2010 passed by the Tribunal in MVC No. 245/2009 stands modified, awarding the compensation of Rs. 2,20,000/- with interest at 6% p.a., from the date of the petition till its realization, in addition to the compensation awarded by the Tribunal.

The Insurer is directed to deposit the enhanced Compensation of Rs. 2,20,000/- with interest, within three weeks from the date of receipt of a copy of this judgment and award.

Out of the enhanced compensation, a sum of Rs. 1,75,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the appellant till he attains 25 years and renewable by another 15 years thereafter, reserving liberty to the guardian of the minor, father of the appellant to withdraw the interest accrued on it, till he attains 21 years and thereafter, appellant is entitled to withdraw the interest periodically.

The remaining Rs. 45,000/with proportionate interest shall be released in favour of the natural guardian-father of the appellant, immediately.

Draw the award, accordingly.