Sannaputtaiah vs Royal Sundaram Alliance Insurance Company Limited

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 31-7-2013 passed in MVC No. 1926 of 2012 on the file of the XIII Additional Small Causes Judge and Member, Motor Accidents Claims Tribunal, Bangalore (SCCH-15) (hereinafter referred to as ''Tribunal'' for short) for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 2,38,200/- with interest at 8% p.a., from the date of petition till its realisation, on account of the injuries sustained by the appellant in the road traffic accident. He has presented this appeal on the ground that the quantum of compensation and rate of interest awarded by the Tribunal is inadequate and it requires enhancement.

The brief facts of the case on hand are:

The appellant claims that he was aged about 55 years at the time of the accident, hale and healthy, working as mason, earning a sum of Rs. 7,500/- per month. That on 11-2-2012, at about 11.30 p.m., when he was walking on the left side of Kodavatti Road, near Krishnegowda''s land, the driver of Tata Ace bearing Registration No. KA-01-AB-0697 came from behind in a rash and negligent manner and dashed against him. As a result, he fell down and sustained fracture of shaft of left femur middle and distal one-third, deformity of left thigh and tenderness over the chest and other grievous injuries all over the body. Immediately, he was shifted to A.C. Giri Hospital and thereafter, he was shifted to Victoria Hospital, Bangalore, where he took treatment as inpatient for a period of 21 days. He has spent a sum of Rs. 1,00,000/- towards medical expenses. Because of the injuries sustained, he has suffered permanent physical disability of 42% to left lower limb and 21% to the whole body. Therefore, the appellant was constrained to file a claim petition under Section 166 of Motor Vehicles Act, 1988 before the Tribunal claiming compensation of Rs. 20,00,000/-.

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 claim petition in part and awarded a compensation of Rs. 2,38,200/- with interest at 8% p.a. from the date of petition till its realisation. Being dissatisfied with the quantum of compensation and rate of interest awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.

Sri H.B. Somapur, learned Counsel for the appellant, at the outset, submitted that the Tribunal has erred in not awarding reasonable compensation under the heads of pain and suffering, conveyance, nourishing food and attendant charges, loss of income during the laid-up period and loss of future income, since the appellant has sustained grievous injuries. Further, the Tribunal has not awarded any compensation towards future medical expenses. The Tribunal has also erred in not assessing reasonable income of the appellant as he was a mason by profession and earning a sum of Rs. 7,500/- per month. Therefore, the income of the claimant may be reassessed between Rs. 6,500/- and Rs. 7,000/- p.m. He has spent huge amount towards medical expenses, conveyance, nourishing food and attendant charges etc. But, the Tribunal without considering the material on record, has awarded a meager compensation of Rs. 2,38,200/- on account of the grievous injuries sustained in the road traffic accident. Further, the Tribunal has also erred in awarding interest at only 8% p.a. even though the accident is of the year 2012. Therefore, he submitted that the impugned judgment and award is liable to be modified by enhancing just and reasonable compensation and also rate of interest.

As against this, Sri O. Mahesh, learned Counsel appearing for 1st respondent-insurer, inter alia contended and sought to substantiate that the impugned judgment and award has been passed by the Tribunal after due consideration of the oral and documentary evidence and hence, interference by this Court is not called for.

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

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"

The injuries sustained in the road traffic accident that occurred on 11-2-2012, at about 11.30 p.m. are not disputed. It is further not in dispute that he has sustained fracture of shaft of left femur middle and distal one-third, deformity of left thigh and tenderness over the chest and other grievous injuries all over the body. He has taken treatment as inpatient for a period of 21 days. He has spent a sum of Rs. 1,00,000/- towards medical expenses. He was aged about 55 years, working as mason and earning a sum of Rs. 7,500/- per month. Because of the injuries sustained, he has suffered permanent physical disability at 42% to left lower limb and 21% to the whole body. Due to the injuries sustained in the road traffic accident, he has suffered pain and mental agony and also discomfort and unhappiness during the treatment period. Having regard to the age, avocation and year of the accident, we can safely reassess the income of the appellant at Rs. 6,500/- per month. Taking into consideration the nature of injuries suffered, duration of treatment taken and facts and circumstances of the case, we deem it fit to award a sum of Rs. 40,000/- towards pain and agony as against Rs. 20,000/-, Rs. 20,000/- towards conveyance, nourishing food and attendant charges as against Rs. 10,000/-. Rs. 1,71,600/- (Rs. 6,500/- x 12 x 20 x 11/100) towards loss of earning capacity as against Rs. 1,29,600/-. Rs. 19,500/- towards loss of income during the laid-up period for six months as against Rs. 4,000/-. The Tribunal has not awarded any compensation towards future medical expenses. After re-appreciating the other material on record and also taking into consideration the evidence of the doctor, we deem it fit to award a sum of Rs. 30,000/- towards future medical expenses.

The Tribunal has rightly awarded a compensation of Rs. 44,600/- towards medical expenses and Rs. 30,000/- towards loss of amenities, hence, interference by this Court is not called for.

In the light of the above facts and circumstances of the case, the appellant is entitled to a total compensation under different heads on account of injuries sustained by him in a road traffic accident, the break up of which is as follows:

1.

Pain and suffering

Rs. 40,000/-

2.

Medical expenses

Rs. 44,600/-

3.

Conveyance, nourishment and attendant charges

Rs. 20,000/-

4.

Loss of amenities due to disability

Rs. 30,000/-

5.

Loss of income during laid-up period for five months

Rs. 19,500/-

6.

Loss of earning capacity

Rs. 1,71,600/-

7.

Future medical expenses

Rs. 30,000/-

Total

Rs. 3,55,700/-

Accordingly, the appellant is entitled for a total compensation of Rs. 3,55,700/- as against Rs. 2,38,200/- awarded by the Tribunal and there would be enhanced compensation of Rs. 1,17,500/-.

Further, as rightly pointed out by the learned Counsel for appellant, the Tribunal has erred in not awarding reasonable rate of interest. Since the accident is of the year 2012, in the light of the decision of the Apex Court and this Court in catena of judgments, we deem it proper to award 9% interest per annum from the date of petition till realisation on the enhanced compensation.

For the foregoing reasons, the appeal filed by the appellant is allowed in part.

The judgment and award dated 31-7-2013 passed in MVC No. 1926 of 2012 on the file of the XIII Additional Small Causes Judge and Member, Motor Accidents Claims Tribunal, Bangalore (SCCH-15), is hereby modified, awarding additional compensation of Rs. 1,17,500/- with interest at the rate of 9% p.a. from the date of petition till realisation.

The respondent 1-insurer is directed to deposit the enhanced compensation of Rs. 1,17,500/- with interest at 9% p.a. from the date of petition till the date of realisation, within three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation of Rs. 1,17,500/-, 50% with proportionate interest shall be invested in the name of appellant in the Fixed Deposit in any Nationalised/Scheduled Bank/Grameena Bank for a period of five years and renewable for five years, with liberty to him to withdraw the erest accrued on it, periodically.

Remaining 50% with proportionate interest shall be released in favour of appellant immediately on deposit made by the first respondent-insurer.

Draw the award, accordingly.