S.M. Praveen Kumar vs U.R. Urudaya Kumar and Others

A.V. Chandrashekara, J.—Heard learned Counsel for the parties.

The present appeal is filed by the claimant seeking enhancement of compensation awarded in MVC No. 394/2006 which was pending on the file of the Civil Judge [Sr. Dn.,], MACT, Maddur, wherein compensation of Rs. 1,93,400/- has been awarded by the Tribunal in respect of certain injuries sustained by the claimant in a road accident that occurred on 18.9.2005. The liability has been admitted by the Insurance Company.

After perusing the records and hearing learned Counsel, the matter is taken up for final disposal.

The petitioner had sustained the following injuries:

"Diffuse swelling over the right side of the face temporal and parietal region, sutured wound over the lateral angle of the right eye, multiple abrasion over both frontal regions and abrasions over right shoulder and over the back of right fore arm. C.T. Scan shows small Haemorragic contusions left temporal lobe, thin subdural Haemotoma left front temporal region, subarchnoid Hemorrhage with Diffuse cerebral oedema, scalp Haemotoma - Right Fronto parietal region." 5. Admittedly, there were severe head injuries. CT Scan showed small Haemorragic contusions on the left temporal lobe and thin subdural Haemotoma on the left frontal temporal region. He had been treated as inpatient in a Hospital for a period of 14 days and competent Neurosurgeon had to treat him because of extensive injuries to his head. The total compensation awarded by the Tribunal is as follows:

Considering the number of injuries and gravity of injuries sustained by the claimant and the number of days spent in the hospital as inpatient, more particularly, being treated by competent Neurosurgeon, amount of Rs. 30,000/- awarded under ''Pain and Suffering'' is on the lower side. Hence, a sum of Rs. 40,000/- is to be awarded under this head.

A sum of Rs. 3,000/- is taken as loss of income during the treatment period. In view of gravity of injuries and the opinion expressed by the Doctor, it can be inferred that he was not able to work for at least three months and hence a sum of Rs. 9,000/- would be a reasonable amount under the said head instead of Rs. 3,000/-.

A sum of Rs. 3,000/- is only awarded under the head ''incidental charges'' covering attendant charges which is on the lower side. Awarding Rs. 10,000/-under this head would meet the ends of justice.

Only a sum of Rs. 10,000/- is awarded under the head loss of amenities''. In view of the gravity of injuries and as he was denied of amenities and pleasure in future life. Hence, awarding a sum of Rs. 30,000/- would meet the ends of justice.

Admittedly, petitioner was a LIC Agent at that point of time. Considering the income at Rs. 3,000/- and disability at 20%, the Tribunal has awarded a sum of Rs. 1,22,400/- as loss of future income'' and this does not require any interference.

No interference is called for in regard to Rs. 25,000/- awarded by the Tribunal towards ''medical expenses''.

Reasonable amount is to be awarded under the head ''future medical charges'' since he will have to approach Neurosurgeon many times for follow up treatment and is expected to get CT Scan. Awarding a sum of Rs. 12,000/- would meet the ends of justice.

Thus, the claimant is entitled for the following compensation:--

ORDER

The appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified. The claimant is entitled for a total compensation of Rs. 2,48,400/- as against Rs. 1,93,400/- awarded by the Tribunal. The enhanced compensation of Rs. 55,000/- (Rupees Fifty Five Thousand only) shall carry interest at 9% p.a. from the date of claim petition till the date of realisation.

The respondents are directed to deposit the enhanced compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The said enhanced amount is ordered to be released in favour of claimant.

Parties to bear their own costs.