Raju C. vs K.M. Gouse and Others

N.K. Patil, J.

Though this matter is posted today for orders on I.A., with the consent of learned counsel appearing for both the parties, the same is taken up for Final disposal.

This appeal by the claimant-appellant for enhancement of compensation is directed against the impugned judgment and award dated 11.09.2013 passed in MVC No. 77/2012 passed by the Senior Civil Judge and JMFC and MACT, T. Narasipura, (hereinafter referred to as ''Tribunal'' for short), on the ground that, a sum of Rs. 1,91,593/- awarded by the Tribunal with interest at 6% p.a., (excluding interest on the amount awarded towards future medical expenses) from the date of petition till the date of deposit, as against the claim of Rs. 22,30,000/-, on account of the injuries sustained by him in the road traffic accident is inadequate.

In brief, the facts of the case are:

"The appellant claims to be aged about 40 years at the time of the accident. He was hale and healthy prior to the accident, working as ''D'' Group employee in Kittur Rani Chennamma Girls School, Maliyur(Bannur) on contract basis and also doing agriculture and earning Rs. 12,000/- per month. That on 3.12.2011 at about 6.00 p.m. appellant along with his fried was walking on the left side of T. Narasipura-Sosale road near the land of one Kitty, at that time, the rider of motor cycle bearing Reg. No. KA.09J.4844 came in a rash and negligent manner and dashed against the appellant. Due to which, appellant has sustained fracture of both bones of lower 1/3rd on the left lower limb and injuries on other parts of the body. Immediately, he was taken to Government Hospital, T. Narasipura and after first aid, he was shifted to K.R. Hospital, Mysore, where he took treatment as inpatient from 3.12.2011 to 23.12.2011, underwent surgery, implants were inserted and thereafter, on the advise of the Doctor, he has taken bed rest and follow up treatment."

It is the further case of the appellant that, he spent considerable amount towards medical expenses, conveyance and other incidental charges. On account of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. The Doctor has assessed the disability at 37% Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, 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 and awarded a sum Rs. 1,91,593/- as compensation under different heads with interest at 6% p.a, (excluding interest on the amount awarded towards future medical expenses) from the date of petition till the date of deposit.

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

We have heard the learned counsel appearing for appellant and learned counsel appearing for Insurer.

The submission of the learned counsel appearing for appellant, at the outset is that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings, towards loss of amenities, discomforts and unhappiness and what is awarded is on the lower side and is liable to be enhanced having regard to the nature of injuries sustained, the nature and duration of treatment taken by the appellant, his occupation and the year of accident. Further, he has submitted that the rate of interest awarded by the Tribunal at 6% p.a, from the date of petition till its deposit is on the lower side and is liable to be enhanced atleast to 9 to 10% p.a. since the accident is of the year 2011. Therefore, he submitted that the impugned judgment and award is liable to be modified.

Per contra, learned counsel appearing for insurer, inter-alia, contended and submitted that the compensation awarded by the Tribunal is just and reasonable and after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference. However, after going through the evidence available on record, learned counsel appearing for Insurer has fairly submitted that having regard to the nature of injuries sustained by the appellant and the percentage of disability suffered by him, he might have undergone lot of pain and agony and the same may be considered in accordance with law after re-appreciation of the oral and documentary evidence available on record.

After careful consideration of the submissions made by learned counsel appearing for both the parties and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:

Whether the compensation awarded by

the Tribunal is just and reasonable?

The occurrence of the accident and the resultant injuries sustained by the appellant are not in dispute. In the said accident, appellant has sustained fracture of lower limb, for that, he has taken treatment as inpatient for 20 days, underwent surgery, implants were inserted and during the said period, he might have undergone lot of pain and agony, might have spent considerable amount towards medical expenses, conveyance and other incidental charges. On the advise of the Doctor, he might have taken bed rest and follow up treatment for more than six months. Discomforts and unhappiness persists through out his life, as he has suffered permanent disability and it has to be compensated reasonably. Taking all these aspects into consideration, we deem it fit to award another sum of Rs. 60,000/- in addition to the compensation awarded by the Tribunal.

Further, it is the submission of the learned counsel appearing for the appellant that, the rate of interest awarded by the Tribunal at 6% p.a, from the date of petition till its deposit is on the lower side and is liable to be enhanced as the accident is of the year 2011. We find some substance in the said submission. Therefore, in the light of the judgment of Apex Court and this Court and the accident had occurred in the year 2011, we award the rate of interest at 9% per annum on the entire compensation.

In all, the appellant is entitled to the total compensation of Rs. 2,51,593/- instead of Rs. 1,91,593/- awarded by the Tribunal. There would be an enhancement of compensation of Rs. 60,000/- with interest at 9% p.a., from the date of petition till its realization on the entire compensation amount.

Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 11.09.2013 passed in MVC No. 77/2012 by the Senior Civil Judge and JMFC and MACT, T. Narasipura, stands modified, awarding a sum of Rs. 60,000/- in addition to the compensation awarded by the Tribunal with interest at 9% p.a., on the entire compensation amount from the date of petition till its realization.

Insurer is directed to deposit the enhanced compensation of Rs. 60,000/- with interest at 9% p.a., from the date of petition till the date of realization on the entire compensation amount, within three weeks from the date of receipt of a copy of this judgment and award.

Immediately on such deposit by the Insurer, the entire enhanced compensation with interest shall be released in favour of the appellant, immediately.

Draw the award, accordingly.