SHIVANAGOUDA.K.S vs KARTHIK

Appellant is the claimant being not satisfied with the quantum of compensation awarded in the judgment and award dated 4-9-2012 made in MVC No.55/2001 passed by the Motor Accident Claims Tribunal, Soraba (hereinafter referred to as "the Tribunal" for short) filed this appeal seeking enhancement of compensation.

The appellant filed a claim petition contending that on 17-04-2009 while he was proceeding in a motorcycle bearing Registration No.KA-15/K-7553 along with the pillion rider from Anavatti to Mallapur at about 1.00 p.m., a Tractor and Trailer bearing Registration No.KA-15/T-5142-5143 driven by its driver in a rash and negligent manner dashed against the motorcycle. Due to the impact, the rider as well as the pillion rider fell down and sustained grievous injuries all over the body. Immediately after the accident, the claimant was shifted to Government Hospital at Anavatti, as per the advice of the doctor at Anavatti Government Hospital, he was shifted to KMC hospital at Manipal wherein he had taken treatment as inpatient for a period of 4 days. In the accident, the claimant has sustained fracture of right humerus and fracture of shaft of humerus. In view of the injuries he has sustained he has become permanently disabled to do any work. He has spent huge money towards his treatment. Due to the negligent driving of the Tractor and Trailer by its driver, which was insured with the third respondent-insurance company, the accident occurred. Hence, he filed a claim petition seeking compensation.

In response to the notice issued by the Tribunal, respondents 1 and 2 entered appearance and filed the written statement denying the entire averments made in the claim petition. Further they contended that the rider of the motorcycle suddenly applied the break in the middle of road, due to which, the accident had occurred. Hence sought for dismissal of the claim petition as against respondent Nos. 1 and 2.

The third respondent-insurance company filed written statement denying the averments made in the claim petition and contended that the rider of the motorcycle as well as the driver of the offending Tractor and Trailer were not holding valid and effective driving license as on the date of accident. However, the insurance policy was in force as on the date of accident. Hence, sought for dismissal of the claim petition as against them.

On the basis of pleadings of the parties, the Tribunal framed necessary issues.

In order to prove his case, the claimant got examined himself as P.W.1 and got marked the documents as Ex.P1 to Ex.P34. On behalf of the third respondent-insurance company, one of the officers was examined as R.W.1 and got marked the driving license and insurance policy as Ex.R1 and Ex.R2.

The Tribunal, after appreciating the oral and documentary evidence let in by the parties and taking into consideration IMV report, copy of the complaint and charge sheet held that due to the actionable negligence on the part of driver of the offending Tractor and Trailer the accident had occurred and the claimant is entitled for compensation. With regard to quantum of compensation is concerned, though the claimant has taken treatment initially in Government Hospital at Anavatti, thereafter he had taken treatment in KMC hospital at Manipal. He has not examined the doctor who treated him to assess the disability. He has submitted medical bills to an extent of Rs.52,593/-. The Tribunal taking into consideration wound certificate Ex.P4, medical bills submitted by the claimant has awarded a sum of Rs.30,000/- towards pain and suffering; Rs.52,593/- towards medical expenditure; Rs.2,000/- towards attendant charges; Rs.3,000/- towards conveyance, food and nourishment. In all, the Tribunal has awarded compensation of Rs.87,593/- with interest at the rate of 6% p.a. Being not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has filed this appeal.

I have carefully considered the arguments addressed by Sri.Lokesh Malavalli, learned counsel for the appellant and Sri.M.Narayanappa, learned counsel appearing for the second respondent. Perused the judgment and award, oral and documentary evidence adduced by the parties and other relevant records.

The only dispute in this appeal is with regard to quantum of compensation.

Occurrence of the accident and the injuries sustained by the claimant in the road traffic accident is not in dispute. Though the claimant claims that he was working as an agriculturist and also as a contractor and earning Rs.10,000/- p.m., it has not been substantiated by producing necessary documents. In the accident, the claimant has sustained two fractures. However, he has not examined the doctor to assess the disability. The claimant owns the motorcycle. While proceeding in the motorcycle, he fell down and sustained injuries. He was an agriculturist and a contractor by profession. In view of fracture of humerus of right hand and shaft of femur, he was out of employment for a period of two months. Even though the claimant has not examined the doctor to prove the disability, the wound certificate and other documents produced show that he has sustained fracture of right hand, a sum of Rs.30,000/- awarded towards pain and suffering is on the lower side. Taking into consideration the two fractures sustained by the claimant, he is entitled to another sum of Rs.20,000/- towards pain and suffering in addition to Rs.30,000/- awarded by the Tribunal. Further, no compensation has been awarded towards loss of income during the laid up period. Hence, the claimant is entitled for a sum of Rs.15,000/- towards loss of income during the laid up period. Though the accident occurred at Anavatti, he has to travel all the way to Manipal to take follow-up treatment and he was inpatient for a period of 4 days in the hospital. Hence, he is entitled to a sum of Rs.25,000/- towards transportation, food and nourishment. Further, when the claimant was in the hospital at Manipal, somebody had to take care of him. Hence, the claimant is entitled to another sum of Rs.10,000/- towards attendant charges. In all, the claimant is entitled to enhanced compensation of Rs.70,000/- in addition to Rs.87,593/- awarded by the Tribunal with interest at the rate of 6% p.a. Accordingly, I pass the following: ORDER

The appeal is allowed in part. The judgment and award dated 4-9-2012 made in MVC No.55/2011 passed by the Motor Accident Claims Tribunal, Soraba is modified. The claimant is entitled to enhanced compensation of Rs.70,000/- in addition to Rs.87,593/- awarded by the Tribunal with interest at the rate of 6% p.a.