Puttaraju vs Lohith Kumar P.B. and Others

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 19.1.2013 passed in MVC. No. 782/2012 on the file of the Presiding Officer, Fast Track Court-I, Member, Addl. MACT, Mysore(for short, Tribunal''). The tribunal by the impugned judgment and award awarded a sum of Rs. 10,18,000/- with interest at 6% p.a. from the date of petition till the date of realization on account of injuries sustained in the road traffic accident. Being aggrieved by the quantum of compensation and also the rate of interest awarded, the appellant has presented this appeal seeking enhancement of compensation and also higher rate of interest.

The brief facts of the case on hand are that the appellant was aged about 37 years and an agriculturist and also working as civil contractor and hale and healthy prior to the accident. When things stood thus, at about 7.30 p.m. on 4.6.2012, when the appellant was proceeding as a pillion rider on the motor bike bearing registration No. KA-45-J-1960, near Banana garden of Gowrish Deveraj Colony Gate, Hunsur Taluk, a Car bearing registration No. KA-04-MH-1738 being driven by its driver, came from opposite direction in a rash and negligent manner and dashed against the motor bike of the appellant. Due to the impact, he fell down and sustained grievous injuries, suffered head injury on account of which he undergone treatment for a period of 27 days in BGS hospital, Mysore and he was examined by the Doctors and the Doctors viz., PW-2 and PW-3 Dr. Ramesh Ranganathan, a Neuro Surgeon and Dr. Lokesh, a Cardio Thoracic Surgeon on radiological and clinical examination have assessed permanent disability of the appellant at 76% towards whole body and he has spent huge amount towards medical expenses and attendant charges and as per advice of the Doctor, he has taken best rest for a period of three months and the disability persists throughout his life. Due to said disability, he is not in a position to do any agricultural work or civil contractor work. Taking all these factors, he filed a claim petition against the respondents. The said matter had come up for consideration before the Tribunal. The tribunal after taking into consideration the oral and documentary evidence and other material allowed the claim petition in part, awarding a sum of Rs. 10,18,000/- with 6% interest per annum from the date of petition till the date of realization. Being dis-satisfied with the impugned judgment and award passed by the tribunal, the claimant has presented this appeal seeking enhancement of compensation.

We have heard learned counsel appearing for the appellant and learned counsel appearing on behalf of the Insurer/respondent No. 2.

The submission of the learned counsel for the appellant at the outset is that the tribunal has committed a grate error in not taking into account the age, avocation and year of accident and the income taken by the tribunal is also on the lower side. The tribunal ought have been taken the income of the claimant between Rs. 6,500/- and Rs. 7,000/- per month. Further, he also submits that the tribunal also committed an error in not taking into account the period of treatment, amount spent by the claimant towards ''Conveyance'', ''nourishing food and attendant charges''. As per the advice of the Doctor, the claimant has taken bed rest and follow up treatment, the claimant has to suffer mentally throughout his life. He has examined the two Doctors and PW-2 has assessed permanent disability at 76% towards whole body and PW-3 has assessed 40% permanent disability and the claimant has to be compensated by awarding reasonable compensation. Further, he submitted that though the accident has occurred in the year 2012, the tribunal has erred in awarding the rate of interest at 6% per annum and in the light of catena of judgments of the Apex Court and this Court, reasonable interest may be awarded by modifying the impugned judgment and award.

Per-contra, learned counsel appearing for the 2nd respondent- insurer 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 submission 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 37 years which is evident from the wound certificate, discharge summary and case sheet issued by BGS Hospital, Mysore. The same was accepted by the tribunal. Hence, we also accept the age of the claimant as ''37'' years. As stated by the claimant, he was an agriculturist and also working as a civil contractor. Except stating so, no credible documents are produced. Taking into consideration the age and year of accident, we assess the income of the appellant at the rate of Rs. 6,500/- p.m. to meet the ends of justice. Further, as per the evidence of the Doctor viz.,PW-2 and PW-3, a Neuro Surgeon and a Cardio Thoracic Surgeon, the claimant has lost memory and he is unable to do his personal without the assistance of anybody and the claimant was complaining pain in the left shoulder and inability to lift heavy weights and have opined 40% functional disability. The tribunal is justified in assessing permanent disability at 25% towards whole body. The claimant has to suffer disability throughout his life. On account of permanent disability, he has to be compensated towards loss of future income''. For the age of the claimant, the multiplier applicable is ''15''. Hence, considering the pain and suffering undergone by the claimant, nature and duration of treatment undergone, nature of injuries sustained etc., we deem it fit to award Rs. 75,000/- towards ''injury, pain and suffering'' as against Rs. 60,000/-, Rs. 30,000/- towards ''conveyance, nourishing food and attendant charges'' as against Rs. 15,000/-, Rs. 19,500/- towards loss of income during the period of treatment'' for a period of three months as against Rs. 12,000/-, Rs. 50,000/- towards loss of amenities'' as against Rs. 5,800/- and Rs. 2,92,500/- to wards loss of future income'' (Rs. 6,500 x 15x 12x25/100) as against Rs. 1,80,000/-. The tribunal has rightly awarded Rs. 7,45,200/- towards ''medical expenses'' as per the medical bills. Hence, no interference is called for. In all, the appellant is entitled for enhanced compensation of Rs. 12,12,200/- as against Rs. 10,18,000/- awarded by the tribunal.

As rightly pointed out by learned counsel for the appellant, since the accident has occurred in the year 2012, we award 9% interest per annum on the enhanced additional compensation Rs. 1,94,200/-.

For the foregoing reasons, the instant appeal filed by the appellant is allowed-in-part. The impugned judgment and award dated 19th January 2013 passed in MVC No. 782/2012 on the file of the Presiding Officer, Fast Track Court-I, Member, Addl. MACT, Mysore, is hereby modified awarding additional compensation of Rs. 1,94,200/- with 9% interest per annum on the enhanced compensation.

Respondent No. 2/insurer 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.

Out of the enhanced compensation of Rs. 1,94,200/-, 50% with proportionate interest shall be invested in Fixed Deposit in the name of the appellant in any Nationalised Bank or Schedule Bank for a period of five years renewable by another five years and he is entitled to withdraw interest periodically.

Remaining 50% of the enhanced compensation with proportionate interest shall be released in favour of the appellant immediately on deposit by the 2nd respondent/insurer.

Office to draw award, accordingly.