AI Structured Summary
Not yet generated for this judgment
Judgment
B. Manohar
Appellant is the claimant, being unsatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (for short ''the Tribunal'') Bangalore dated 4-11-2008 made in MVC No.3767/2007, has filed this appeal seeking for enhancement of compensation.
It is the case of the claimant that: on 9-11-2006 at about 5.30 p.m. when he was proceeding as a pillion rider in a motorbike bearing registration No.KA-43/E-4344 on Devanahalli-Vijayapura road, at that time, an Innova car bearing registration No.KA-53/M-1539 driven by its driver in a rash and negligent manner and in a high speed came and dashed against the motorbike, due to which, the claimant has sustained multiple injuries and he was admitted to the hospital. The claimant has contended that he was working as a Coolie and earning Rs.6,000/-p.m. and due to the accident he has suffered huge loss and sought for compensation of Rs.5,00,000/-.
The Tribunal on the basis of the injuries sustained by the claimant and taking into consideration his income and age, awarded a sum of Rs.15,000/- towards pain and sufferings; Rs.6,600/- towards medical expenses: Rs.5,000/- towards incidental expenses; Rs.10,000/-towards loss of expectation of life; Rs.45.360/- towards loss of future income and Rs.10,000/- towards loss of amenities in life. In all, the Tribunal has awarded a compensation of Rs.91,960/- with interest at the rate of 8% p.a. Being not satisfied with the same the appellant has filed this appeal seeking for enhancement of compensation.
Sri. Vasanthappa, learned counsel appearing for the appellant contended that the compensation awarded by the Tribunal is on the lower side. Due to the accident, the claimant has suffered the following injuries:
(i) L Shaped deep cut lacerated wound over the extensor aspect of left knee joint about 2 x 1 x 2 inch with active bleeding. Deep arteries just above joint are cut and bleeding was not able to control, the underlying patellar bone was seen and crepitative felt, clinically fracture of the patella with displacement was suspected.
(ii) Two superficial abrasions over dorsal aspect of left ring finger and middle finger of the right hand. Fracture of left Knee Joint with mild displacement of whole patella towards upward was seen in the X-ray.
The Doctor who has treated the claimant has assessed the disability to the extent of 22% in relation to the left lower limb and 11% to the whole body. However, the Tribunal has taken the disability at 7% and awarded lesser compensation and the compensation awarded on all other heads is also on the lower side and sought for enhancement of compensation.
On the other hand, Sri. M.P. Srikanth, advocate appearing for the Insurer argued in support of the judgment and award passed by the Tribunal and sought for dismissal of the appeal.
I have carefully considered the arguments addressed by the parties.
It is not in dispute that in a road traffic accident, the claimant has sustained injuries on 9-11-2006. In view of fracture of patella and displacement of whole patella towards upward, the Doctor who has treated the claimant has assessed the disability to an extent of 22% in relation to the left lower limb and 11% to the whole body. The Tribunal has taken into consideration the disability of whole body at 7% and awarded compensation, which according to me is on the lower side. Hence, the claimant is entitled for enhancement of compensation. Under the head future loss of income, the claimant is entitled to another sum of Rs.25,000/- and Rs.15,000/- towards pain and sufferings. Further, the compensation awarded under the head loss of amenities is also on the lower side since he has to suffer the disability throughout his life. Hence, he is entitled to another sum of Rs.10,000/-. In all the claimant is entitled to a sum of Rs.50,000/- in addition to the compensation awarded by the Tribunal.
Accordingly, I pass the following:
ORDER
The appeal is allowed in part The appellant is entitled for enhanced compensation of Rs.50,000/- in addition to the compensation awarded by the Tribunal. The claimant is entitled for the interest at the rate of 6% p.a. from the date of petition till the date of realization.
In view of marginal increase in the compensation, the Tribunal is directed to release the entire compensation amount in favour of the appellant.