AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—Though this appeal is posted for admission, by consent of learned counsel appearing for the parties, it is taken up for hearing and disposed off by this judgment. This appeal by the claimant is directed against the impugned judgment and award dated 8.4.2011 passed in MVC No. 7838/2009 on the file of the XII Addl. Small Causes Judge and Member, MACT, Bangalore.
The Tribunal by its impugned judgment and award has awarded a sum of Rs. 1,36,280/- with interest at 6% p.a. from the date of petition till its realization, on account of the injuries sustained by the claimant in the road traffic accident.
The claimant on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, has presented this appeal.
The brief facts of the case on hand are, appellant was aged about 27 years as on the date of accident and was hale and healthy. By profession he was a car driver and earning Rs. 10,000/- per month. He has filed the claim petition u/s 166 of the MV Act claiming compensation against the respondents on account of the injuries sustained in the road traffic accident that occurred on 23.7.2009 at 10.30 p.m. on Madhuguri-Hindupur road when the claimant was going on his TVS moped bike bearing registration No. KA-06-EA-5674 near Muslim Burial ground within the limits of Gondihalli due to the rash and negligent driving by the driver of the offending lorry bearing registration No. AP-09-Y-7643, which dashed against hind portion of the bike, due to the impact, he has sustained fracture of both the bones of forearm i.e., ulna and radius of right upper limb, on account of which, initially, he was treated in the Government Hospital, Madhugiri and thereafter at District Hospital, Tumkur. He has taken treatment as inpatient from 24.7.2009 to 4.8.2009 for a period of 12 days and has spent reasonable amount towards conveyance, nourishing food, attendant charges and also medical expenses. He has examined P.W. 3-Doctor, who after physical examination has assessed the disability at 40% to the right fore limb and 10% to the whole day. On the advice of the Doctor he has taken bed rest and follow up treatment. He has suffered discomfort and unhappiness and it persists throughout his life. He also requires some amount towards future medical expenses. The said matter had come up before the Tribunal for consideration. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence on record, has allowed the claim petition in part awarding Rs. 1,36,280/- with 6% interest from the date of petition till its realization. Being dissatisfied with the impugned judgment and award passed, the appellant/claimant has filed this appeal seeking enhancement of compensation.
It is the submission of the learned counsel for the appellant at the outset that the Tribunal has erred in not assessing reasonable income of the deceased and also failed to award reasonable compensation towards injury, pain and suffering and also no compensation is awarded towards conveyance, nourishing food and attendant charges. Accordingly, he has sought for awarding reasonable amount on all the heads including future medical expenses by modifying the impugned judgment and award, taking into consideration the duration of treatment undergone by the claimant as inpatient in the hospital and the disability suffered by him.
As against this, learned counsel appearing for the 2nd respondent Insurer inter alia contended that substantial amount has been awarded by the Tribunal, after due consideration of the oral, documentary and other evidence on record and therefore, interference is not called for.
After careful consideration of the submissions of learned counsel for both the parties and after perusal of the impugned judgment and award the only point that would arise for consideration is:
Whether the quantum of compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident resulting in injuries to the claimant in the road traffic accident is not in dispute. Further, it is not in dispute that the claimant was aged 27 years and by profession he is a car driver. He was hale and healthy prior to accident. He met with an accident on 23.7.2009 on account of which he has undergone treatment for a period of 12 days in the hospital as inpatient and he examined P.W. 3, the Doctor, who after medical examination of the claimant has assessed physical disability at 40% to the right fore limb and 10% to the whole body. The Tribunal taking into consideration the age, avocation and year of the accident, ought to have assessed the income of the claimant reasonably and what is assessed is on the lower side. Taking these relevant aspects into consideration, it is reasonable to re-assess the income of the deceased at Rs. 6,000/- per month to meet the ends of justice. He might have spent reasonable amount towards conveyance, nourishing food and attendant charges. He has also suffered pain and agony during the treatment period and on the advice of the Doctor he must have taken bed rest and follow up treatment for a period of atleast four months. The discomfort and unhappiness persists through out his life and he may not be in a position to do the job of driver in future because of the injuries sustained. He may also require reasonable amount towards future medical expenses. Accordingly, we award Rs. 40,000/- towards injury, pain and suffering instead of Rs. 30,000/-, Rs. 5,000/- towards conveyance, nourishing food and attendant charges and Rs. 24,000/- towards loss of income during treatment and rest for a period of four months at Rs. 6,000/- per month as against Rs. 16,000/-, Rs. 20,000/- towards discomfort and loss of amenities as against Rs. 5,000/-, Rs. 1,22,400/- towards loss of future income instead of Rs. 65,280/- by taking the appropriate multiplier of 17 since the claimant was aged 27 years as on the date of accident (Rs. 6000/- x 12 x 17 x 10/100). The Tribunal is justified in awarding Rs. 8,000/- towards medical expenses and Rs. 12,000/- towards future medical expenses, and it does not call for interference. The claimant is entitled for the compensation on the following heads and the break-up is as follows:
Thus in all, claimant would be entitled to Rs. 2,31,400/- as against Rs. 1,36,280/- i.e., there would be enhancement of Rs. 99,120/- with interest at 6% p.a. from the date of petition till its realization.
In the light of the above facts and circumstances, appeal is allowed. The impugned judgment and award dated 8.4.2011 passed in MVC No. 7838/2009 on the file of XII Additional Small Causes Judge and Member, MACT, Bangalore is hereby modified awarding Rs. 99,120/- with 6% interest from the date of petition till its realization, in addition to the compensation awarded.
The 2nd respondent-Insurer is directed to deposit the enhanced compensation with interest within a period of three weeks from the date of receipt of the copy of the judgment.
Out of the compensation amount, Rs. 50,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the appellant for a period of 10 years renewable for another 10 years in any of the nationalized or scheduled bank and he is entitled to withdraw the interest periodically.
Remaining Rs. 49,120/- with proportionate interest shall be released in favour of appellant immediately after deposit by the 2nd respondent-Insurer.
Draw the award, accordingly.