Raju vs Ramakrishnaiah and Others

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 26.10.2013 passed in MVC. No. 313/2012 on the file of Principal Senior Civil Judge & CJM and Addl. Motor Accidents Claims Tribunal, Ramanagara (for short, ''Tribunal''). The tribunal by the impugned judgment and award, awarded a sum of Rs. 11,42,000/- with interest at 6% per annum from the date of petition till the date of realization on account of grievous injuries sustained by the claimant in the road traffic accident.

It is the case of the appellant that he was aged 25 years at the time of accident and hale and healthy prior to the accident. He was an agriculturist-cum-mechanic. When things stood thus, he met with an accident on 05.07.2012 at about 11.15 p.m., when he was proceeding on a motor cycle bearing No. KA-42-J-1499 as a pillion rider on B.M. Road, Archakarahalli in front of Karavali Dhaba, on account of rash and negligence driving by the driver of tractor and trailor bearing registration No. KA-05-T-1482, which came from Mysore side towards Bangalore side. Due to the impact, he fell down and sustained grievous injury, on account of which, he undergone treatment in the hospital as inpatient from 06.07.2012 to 14.8.2012 and also undergone surgeries. He lost his both legs and there is amputation of left and right leg. He has examined the Doctor, who in-turn on clinical and radiological examination assessed the disability of the claimant at 100%. It is the case of the appellant that he was earning Rs. 15,000/- p.m. and he has suffered mental pain and agony during treatment, and spent huge amount towards medical expenses, conveyance, nourishment and attendant charges'', ''disability and unhappiness'' persists throughout his life and has to endure the same. He cannot do agricultural work or mechanic work and requires some reasonable amount towards future medical expenses. It has affected his marital life also. Taking all these relevant factors, he filed claim petition under Section 166 of the M.V. Act claiming compensation of Rs. 50,00,000/- against the respondents on account of amputation of both the legs in the road traffic accident. The said matter had come up for consideration before the tribunal. The tribunal after taking into due consideration of the oral and documentary evidence and other material on record and assessing the disability of the appellant at 100%, allowed the claim petition in part, awarding a sum of Rs. 11,42,000/- with 6% interest per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation and also rate of interest awarded by the tribunal, the appellant-claimant herein felt necessitated to file 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.

We have gone through the grounds urged by the learned counsel for the appellant and perused the material on record. The tribunal has not awarded reasonable compensation under the head ''injury, pain and suffering'', ''conveyance, nourishing food'', ''loss of income during laid up period'', ''medical expenses'', ''loss of amenities and enjoyment of life'', ''loss of future income and also marriage prospects'' and ''future medical expenses'' and ''purchase of artificial limb''. The tribunal has assessed the income of the appellant at Rs. 4,000/- p.m. which is on the lower side he cannot agricultural work or work as mechanic on account of amputation of both the legs above the knee in the road traffic accident. These aspects have not been looked into nor considered nor appreciated by the tribunal and also erred in awarding rate of interest at 6% p.a. though the accident has occurred in the year 2012. Therefore he submitted that in the light of the judgment of the Apex Court and High Court in host of judgments, rate of interest at 9% -10% p.a. may be awarded by modifying the impugned judgment and award.

As against this, learned counsel appearing for the 2nd respondent - insurer inter alia sought to substantiate the impugned judgment and award and submits that after due consideration of the material, the tribunal is justified in awarding just and reasonable compensation under all the heads and further taking the age, avocation, nature of injuries sustained, treatment undergone, period of hospitalization, year of accident, the tribunal is justified in awarding Rs. 7,68,000/- towards ''loss of future earnings'' and Rs. 75,000/- towards ''purchase of artificial limbs''. 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 at about 11.15 p.m. on 5.7.2012 and the resultant injuries sustained by the claimant in the road traffic accident that occurred on account of rash and negligent driving by the driver of the tractor and trailor are not in dispute. The claimant sustained grievous injury. As per Ex-P3, he sustained crush injury over both legs and swelling over right side of the forehead and as per Ex-P6, he sustained Type III C with compound fracture of both bones of right and left leg with crush injury and surgery was conducted for above knee amputation of right and left legs on account of which, he undergone treatment as inpatient from 6.7.2012 to 14.8.2012. The Doctor has opined that the appellant cannot walk, sit in cross legged position and there is restriction of movements of right and left hip, the knee amputation of right and left limb with nonunion of neck of femur right and malunion of left femur and assessed permanent disability at 100% towards whole body. We accept the same. Having regard to the age and avocation of the appellant, we can safely re-assess the income of the claimant at Rs. 6,500/- p.m., since the accident has occurred in the year 2012 to meet the ends of justice. The Tribunal is justified in adopting the multiplier of ''16''. On re-appreciation of evidence of the Doctor and other relevant material available on file and nature of injuries sustained, we deem it fit to award Rs. 2.00 lakhs towards ''injury, pain and suffering'' as against Rs. 1,50,000/-, Rs. 1,50,000/- towards ''loss of amenities'' as against Rs. 60,000/- Rs. 12,48,000/- towards ''loss of future earnings'' as against Rs. 7,68,000/-.

The tribunal has rightly awarded Rs. 15,000/- towards ''medical expenses'' as per medical bills, Rs. 25,000/- towards ''conveyance, attendant charges'' and Rs. 24,000/- towards ''loss of earnings during the period of treatment and rest'' and Rs. 75,000/- towards purchase of artificial limbs'' and Rs. 25,000/- towards ''loss of marriage prospects'', after due appreciation of the material on record and after considering the oral and documentary evidence on record. Hence, interference by this Court is not called for.

As rightly pointed out by learned counsel appearing for the appellant, rate of interest awarded at 6% p.a. is on the lower side. As the accident has occurred in the year 2012, following the judgment of the Apex Court and High Court in host of judgments, 9% interest per annum is awarded from the date of petition till the date of realization.

For the foregoing reasons, the appellant-claimant is entitled for the following compensation and the break-up is as follows:-

Having regard to the facts and circumstances referred above, the instant appeal filed by the appellant is allowed-in-part. The impugned judgment and award dated 26th October 2013 passed in MVC No. 313/2012 on the file of Prl. Senior Civil Judge & C.J.M. and Addl. Motor Accidents Claims Tribunal, Ramanagara is modified awarding compensation of Rs. 6,20,000/- with 9% interest per annum from the date of petition till the date of realization, in addition to the compensation awarded by the tribunal.

Respondent No. 2/insurer is directed to deposit the enhanced compensation with interest at 9% p.a. within a period of three weeks from the date of receipt of copy of the Judgment.

Out of the enhanced compensation of Rs. 6,20,000/- Rs. 5.00 lakh 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 ten years renewable by another 10 years with liberty to withdraw the interest periodically.

Remaining Rs. 1,20,000/- with proportionate interest shall be released in favour of the appellant immediately on deposit by the 2nd respondent/insurer.

Office to draw award, accordingly.