Shivakumar vs Poornima N.S. and Others

N.K. Patil, J.—This appeal is by the claimant directed against the impugned common judgment and award dated 10.04.2014 passed in MVC No. 10/2013 on the file of the IV Additional District Judge and Member, MACT, Mysore, (hereinafter referred to as ''Tribunal'' for short).

By its judgment and award, the Tribunal has awarded a sum of Rs. 8,42,492/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the grievous injuries sustained by him in the road traffic accident.

It is case of the appellant/claimant that, he was aged about 30 years as on the date of accident, hale and healthy and working as Solar Management Incharge at Infosys and agriculturist, drawing salary of Rs. 11,531/- as per Ex. P17. On 12.12.2012, between 2.45 p.m. and 3.15 p.m., when the claimant and one Mahadevaswamy were proceeding to Kallambalu village on a motor bike near the land of one Sannaramegowda of Kundhur village, the driver of the bus bearing registration No. KA-55-450 came at a high speed and in a rash and negligent manner and dashed against their motor bike. Due the impact, they fell down along with motor bike and sustained grievous injuries. The claimant was shifted to General Hospital and to Vivekananda Hospital at H.D. Kote and after giving first-aid treatment to him, he was shifted to BGS Apollo hospital, Mysore. He suffered severe head injury, left FTP acute SDH, severe diffuse brain edema as per discharge summary Ex. P16 and he undergone three surgeries for left fronto temporo parietal craniectomy and evacuation of acute SDH, Tracheostomy, FTP Cranioplasty using bone and titanium miniplates. On account of which, he undergone treatment for a period of 54 days as inpatient in the hospital. Taking all these factors into consideration, he filed a claim petition under Section 166 of MV Act before the Tribunal claiming compensation from the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal on consideration of oral and documentary evidence, has allowed the said claim petition in part and awarded a sum of Rs. 8,42,492/- as compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.

The submission of learned counsel appearing for the appellant at the outset is that, the Tribunal has erred in not accepting Ex. P16-Salary slip. As per Ex. P16, the claimant was drawing salary of Rs. 11,531/- per month. He was aged about 30 years as on the date of the accident, hale and healthy, working as Solar Management Incharge at Infosys and agriculturist. On account of the injuries sustained in the accident, he undergone treatment for a period of 54 days as inpatient in the hospital and also undergone three surgeries. He has suffered mental pain and agony. He spent considerable amount towards conveyance, nourishing food and attendant charges. This aspect has not been considered by the Tribunal while awarding compensation. He further submits that the interest at 6% p.a. awarded by the Tribunal is also on the lower side. Therefore, he submits that, the impugned judgment and award passed by the Tribunal is liable to be modified awarding just and reasonable compensation and also modify the rate of interest.

Per contra, learned counsel appearing for respondent No. 2-insurer, inter alia, contended that, the impugned judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on record. Therefore, interference by this Court is not called for.

After considering 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 our consideration is:

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

Occurrence of the accident resulting in the grievous injuries to the claimant is not in dispute. Further, it is stated that, he was aged about 30 years as on the date of the accident, hale and healthy, working as Solar Management Incharge at Infosys and agriculturist. As per Ex. P16, the claimant was drawing salary of Rs. 11,531/- per month. But he has not examined the employer nor produced mode of payment of salary. On account of the injuries sustained in the accident, he undergone treatment for a period of 54 days as inpatient in the hospital and also undergone three surgeries. He has suffered mental pain and agony. He has spent considerable amount towards conveyance, nourishing food and attendant charges. Therefore, having regard to the age, avocation and year of the accident, we can safely re-assess the income of the claimant at Rs. 10,000/- per month to meet the ends of justice. On account of the injuries sustained, he might have taken bed rest and follow up treatment for a period of six months. The claimant examined the Doctor as PW. 3, who inturn on clinical examination assessed permanent physical disability at 37% to the whole body. Tribunal has rightly accepted the same. On account of grievous injuries, he might have suffered mental pain and agony. The age of the claimant was 32 years as per the medical records. Appropriate multiplier is ''16''. Taking all these factors into consideration, we deem it fit to award a sum of Rs. 1,00,000/- towards injury, pain and sufferings, Rs. 20,000/- conveyance, nourishing food and attendant charges, Rs. 60,000/- (Rs. 10,000/- x 6) towards loss of income during laid up period, Rs. 75,000/- towards loss of amenities, Rs. 7,10,400/- (Rs. 10,000/- x 12 x 16 x 37%) towards loss of income on account of disability and Rs. 1,00,000/- towards future medical expenses.

The Tribunal has rightly awarded Rs. 6,43,000/- towards medical expenses. Therefore, interference by this Court is not called for.

Having regard to the facts and circumstances of the case as stated above, the appellant/claimant is entitled to a total compensation of Rs. 17,38,400/- as against Rs. 8,42,492/- and the break-up is as follows:

There will be enhancement of Rs. 8,95,908/-.

As rightly pointed out by the learned counsel appearing for the appellant the rate of interest awarded by the Tribunal at 6% p.a. is on the lower side. As the accident occurred in the year 2012, in the light of catena of Judgments, we deem it fit to award 9% interest per annum on the enhanced compensation from the date of petition till realisation.

In the light of the facts and circumstances referred above, the appeal filed by the claimant is allowed in part. The impugned judgment and award dated 10.04.2014 passed in MVC No. 10/2013 on the file of the IV Additional District Judge and Member, MACT, Mysore, is hereby modified awarding a sum of Rs. 17,38,400/- as against Rs. 8,42,492/- with interest at 9% p.a. on the enhanced compensation from the date of petition till its realisation. There shall be enhancement of compensation of Rs. 8,95,908/-.

The respondent No. 2-Insurer is directed to deposit the enhanced compensation of Rs. 8,95,908/- 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. 8,95,908/-, Rs. 6,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized/Scheduled Bank or Grameena Bank, in the name of the appellant/claimant for a period of Ten years and renewable for another Five years with liberty to him to withdraw the periodical interest accrued on it.

Remaining enhanced compensation of Rs. 2,95,908/- with interest shall be released in favour of the appellant/claimant, immediately, on deposit by the respondent No. 2-Insurer.

Office to draw the award, accordingly.