Ratnakar Muttayya Shetty vs The Managing Director, NWKRTC

Mohan M. Shantana Goudar, J.—Mr. Ratnakar M. Shetty, suffered grievous injuries in the accident that occurred on 7.11.2010 while he was riding the motor cycle with one Narayana Maruthi, Pillion rider. The driver of the NWKRTC bus, while trying to over take the motor cycle dashed to the back side of the on going motor cycle of Mr. Ratnakar. Consequent upon which, Mr. Ratnakar fell down and suffered grievous injuries. The Tribunal has awarded compensation of Rs. 6,54,000/- in total, under various heads.

MFA No. 20077/2013 is filed by the claimant for enhancement of compensation, whereas MFA. CROB No. 774/2013 is filed by the NWKRTC for reduction of compensation.

In the accident, the injured/claimant sustained the following injuries:

(a) Fracture of pelvis open book type vertically and horizontally unstable.

(b) Comminuted displaced fracture of half of sacrum.

(c) Un-displaced fracture spinous process D6.

(d) Rupture of urinary bladder.

(e) Complete tear of urethra.

(f) Minimal pneumothorax.

(g) Pubic distress is noted displaced fracture of transverse process of L1 and L2 vertebral bodies on left side.

The doctors have opined that the claimant has suffered permanent physical disability. PW 5, the doctor has opined that the claimant has sustained 40% disability. However, PW 5 has not treated the patient but has merely examined the patient for the purpose of giving the certificate relating to percentage of disability.

The claimant is treated by PW 3, the doctor at SDM Medical College Hospital, Dharwad. He has deposed that claimant has sustained fracture of pelvis bone both vertically and horizontally. There was a comminuted fracture of half of sacrum; fracture of vertebra; undisplaced fracture of spinous process D6; Left transverse process L1 & L2; Urinary bladder was completely ruptured and Urethra was fully ruptured and damaged. He had also suffered minimal pneumothorax. He was subjected to operation. The abdomen of the victim was containing large quantity of blood and consequently, the abdomen was operated. Blood had flown from pelvic region in as much as pelvic bone was fractured. The blood was oozing from prostrate part also. The Urethra was found 20 c.m. away from the place in which it was supposed to be. By virtue of operation, the urinary bladder was cured. However, the urethra of the claimant was not cured at all. Cathedra was used for draining out urine through abdomen. Another drain was kept in pelvic region though he was inpatient for more than eight days at SDM Hospital. He was not completely cured. Since he was seriously injured, he himself requested to shift to another hospital and consequently, he has taken treatment at KLE Hospital, Belgaum. Later, the very doctor PW 3, who treated the victim has opined that the injuries caused to the claimant might lead to impotency.

Though in so many words, the victim has not deposed that he has suffered impotency because of the injuries sustained, the material on record clearly reveal that the sacrum as well as scrotum portion of the victim is fully damaged and there was complete rupture of urethra-and urinary bladder. Consequent upon which, the claimant will have to use artificial instruments in day to day life and he will have to take the assistance of an attendant throughout his life.

The court can take the judicial notice of the fact that the claimant must have sustained lot of pain and agony and he will have to suffer throughout his life both physically and mentally. Though he is a businessman, he will have to depend upon third parties and he will have to forego certain percentage of profits. Even otherwise he cannot conduct as before. He will have to appoint some body to supervise the business. He has to suffer in his marital life/happiness in future. The very fact that the urethra was shifted to 20 cms. away from the place which it ought to be, would clearly reveal that his testicles must have been badly damaged.

The claimant was aged about 35 years. He had long way to go in his life. Because of the accident, his life is practically ruined. Be that as it may, keeping all the aforementioned facts in mind, we have proceeded to re-assess the compensation as under:

7.1 The claimant shall be awarded Rs. 1,00,000/- under the head pain and agony'' in as much as he will have to suffer pain throughout his life both physically and mentally;

7.2 The Tribunal has rightly awarded compensation of Rs. 4,34,000/- and Rs. 50,000/- towards Medical expenses'' and loss of enjoyment'' respectively. In our considered opinion, the claimant is entitled to Rs. 1,00,000/- under the head of loss of expectancy of life.

7.3 A sum of Rs. 1,00,000/- is awarded under the head ''future Medical expenses'' in as much as, he will have to get medical aid throughout his life.

7.4 Though the Tribunal has rightly awarded a sum of Rs. 10,000/- under the head ''Conveyance charges'', a sum of Rs. 10,000/- towards ''Food and nourishment'', and a sum of Rs. 25,000/- under the head ''Misc. charges'', in our considered opinion, the Tribunal has erroneously not awarded any compensation under the head of loss of marital life''. Thus, we award a sum of Rs. 1,00,000/- notionally under the said head of ''loss of future marital life''.

7.5 Since the claimant had to take the help of an attendant not only for helping him in all his day today activities, but also in his business activities, we proceed to award Rs. 2,45,000/- under this head.

7.6 Though the doctor has assessed disability at 40% to the whole body, the said doctor is not the person who has treated the victim. The doctor PW 3 who treated the victim has not deposed about the percentage of disability.

7.7 However, having regard to the totality of the facts and circumstances of the case, we are of the opinion that the claimant must have suffered certain amount of disability, may be about 20% in respect of the whole body. In view of the same we award global compensation of Rs. 1,70,000/- under the head loss of future income due to disability.

Thus, in all, the claimant would be entitled to Rs. 12,99,000/- which is rounded off to Rs. 13,00,000/-. Accordingly, we pass the following order:

The appeal is allowed in part. Compensation is enhanced to Rs. 13,00,000/- from Rs. 6,54,000/-. The rate of interest and deposit in the Bank will remain the same as ordered by the Tribunal.

In view of the above, MFA No. 20077/2013 is allowed in part and MFA CROB No. 774/2013 filed by the NWKRTC stands dismissed. The amount in deposit before this Court shall be transmitted to the Tribunal for disbursement.