Rashid Sab vs K. Siddamurthy and Others

B. Sreenivas Gowda, J.—The appellant having sustained certain injuries in a road traffic accident filed claim petition before MACT, Challakere seeking compensation under Section 166 of MV Act from the owner and the insurer of the offending vehicle. The Tribunal by the impugned Judgment and Award has awarded global compensation of Rs. 8,000/- with interest at 6% p.a.

The appellant aggrieved by the sum awarded by the Tribunal has preferred this appeal seeking enhancement of compensation.

As there is no dispute regarding certain injuries sustained by the claimant in the road traffic accident that occurred on 9.01.2012 due to rash and negligent driving of the offending autorikshaw bearing No. KA-16/A-3196 by its driver and the liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:

"Whether the quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement? 4. After hearing the learned Counsel for the parties and perusing the Judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it requires to be enhanced.

As per Ex.P6 wound certificate the claimant has sustained contusion over the right temporal bone and other injuries to all over the body. The Injuries sustained and the treatment undergone by the claimant are evident from the discharge cards-Ex. P.7 and Ex.P8 the CT Scan Report and supported by oral evidence of the claimant who was examined as PW2. The doctor who treated the claimant is not examined regarding disability.

Considering the nature of injuries sustained by the claimant, Rs. 25,000/- is awarded towards pain and suffering. The claimant has produced medical bills for Rs. 7,706/- as per Ex.P9 to 11. Therefore, Rs. 7,750/- is awarded towards medical expenses. He was treated as in-patient in Bapuji Hospital for six days. Therefore, Rs. 4,000/- is awarded towards incidental expenses such as conveyance, nourishing food and attendant charges. The appellant claimed that he was getting salary of Rs. 10,000/- by working as a clerk in Surya Mill, Challakere. He has not established the same by producing the document or examining his employer. Therefore, in the absence of proof of income, considering the age of the claimant as 50 years, the year of accident as 2012 and avocation as Clerk, his income is assessed at Rs. 5,500/-. Thus, Rs. 11,000/- is awarded towards loss of income during laid up period. In the absence of evidence of Doctor regarding disability and its impact on future life, no compensation could be awarded either under head loss of amenities or towards loss of future income.

Thus the claimant is entitled for the compensation under the following heads:

Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 47,750/- as against Rs. 8,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 39,750/- from the date of claim petition till the date of realisation.

The Insurance Co. is directed to deposit the enhanced compensation amount with interest within two months from the date of receipt of a copy of this judgment.

Out of the enhanced compensation 75% with proportionate interest is ordered to be invested in F.D. in any nationalized or scheduled Bank in the name of the claimant for a period of 3 years and the remaining 25% of the amount with proportionate interest is ordered to be released in his favour.

The Tribunal while releasing the amount is also directed to issue FD slip in favour of the claimant, so that he can withdraw FD amount on its maturity the Bank or post office in which amount will be kept in FD is directed release the FD amount on its maturity without insisting for an order from the Tribunal.

No order as to costs.