S.D. Gurudev vs Mallaiah

N.K. Patil

Though this appeal is posted for admission, with the consent of the learned counsel for the parties, the same is taken up for final disposal.

This appeal by the claimant is directed against the judgment and award dated 4th October 2010, passed in M.V.C.No.553/2009, by the Presiding Officer, Fast Track Court, Additional Motor Accident Claims Tribunal, Hassan, (for short, Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. . 61,000/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. . 10,00,000/-, is inadequate.

The appellant claims to be aged about 36 years and was hale and healthy prior to the date of accident. That the occurrence of accident at about 7:30 A.M., on 10-05-2007 at Neragalale village in Alur Taluk, due to rash and negligent driving by the driver of the Tractor and Trailer bearing No.KA-46/T-288 and 289, is not in dispute. It is also not in dispute that the appellant has sustained three injuries and took treatment in the Hospital.

It is his further case that, on account of the injuries sustained in the accident, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

5 The learned counsel for appellant contends that the Tribunal is not justified in not awarding reasonable compensation towards pain and sufferings, loss of income during treatment period, and conveyance, nourishing food and attendant charges. Therefore, he submits that the impugned judgment and award is liable to be modified accordingly.

On account of the injuries sustained in the accident, the appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 10,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 4th October, 2010 The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. . 61,000/- under different heads, with interest at 6% per annum from the date of petition till the date of realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.

I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant and also Insurer.

After careful perusal of the impugned judgment and award passed by Tribunal, it can be seen that, the Tribunal, after assessing the oral and documentary evidence available on file, has rightly awarded compensation of Rs. 12,000/- towards medical expenses and Rs. . 25,000/- towards loss of amenities, discomfort and unhappiness. Therefore, interference in the same is uncalled for.

However, the Tribunal has erred in not awarding reasonable compensation towards loss of income during treatment period, conveyance, nourishing food and attendant charges, and pain and sufferings. Admittedly, due to the injuries sustained in the accident, the appellant was inpatient in the Hospital from 10-05-2007 to 16-05-2007. As per the wound certificate, he has sustained three injuries, and one of them is grievous in nature and two other injuries are simple in nature. He must have spent some amount towards conveyance, nourishing food and attendant charges during treatment period and also during followup treatment. It is stated that he is not able to walk properly and he cannot sit easily. Therefore, having regard to the nature of injuries sustained, age, avocation and the year of accident, I award a sum of Rs. . 30,000/- towards all the three heads, namely, loss of income during treatment period, pain and sufferings and conveyance nourishing food and attendant charges, in addition to the compensation awarded by Tribunal.

In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part. The impugned judgment, and award dated 4th October 2010, passed in M.V.C.No.553/2009. by the Presiding Officer, Fast Track Court. Additional Motor Accident Claims Tribunal, Hassan, is hereby modified, awarding compensation of a sum of Rs. . 30,000/- with interest at 6% per annum, from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal.

The second respondent - Insurer is directed to deposit the enhanced compensation of Rs. . 30,000/- with interest thereon at 6% per annum, from the date of petition till the date of realization, within three weeks from the date of receipt of copy of the judgment and award.

On such deposit by the Insurer, the entire sum shall be released in favour of the appellant, immediately.

Office to draw award, accordingly.

Shri. Y.K. Sheshagiri Rao, i.e. permitted to file vakalath, on behalf of second respondent, within four weeks from today.