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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 9th November 2006, passed in M.V.C. No. 4788/2003, by the XVIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-4, Metropolitan Area, Bangalore, (SCCH-4), (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 58,000/- awarded in favour of the claimant as against his claim for Rs. 03.00 Lakhs, is inadequate.
The Appellant claims to be aged about 25 years, working as salesman at Naveen Concrete Box & Tiles Company and was hale and healthy prior to the date of accident. That the occurrence of accident at about 1:15 P.M., on 18-08-2003 near Yammare village, on account of rash and negligent driving by the driver of the Lorry and the resultant injuries sustained by the Appellant are not in dispute.
It is the case of the Appellant that on account of the accident, he sustained grievous injuries and the Doctor has assessed 28% functional disability towards right lower limb and 14% towards whole body and he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.
On account of the injuries sustained in the accident, the Appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 03.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 9th November, 2006. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 58,000/- with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellant is in appeal before this Court, seeking enhancement of compensation.
I have heard learned Counsel for Appellant and learned Counsel for Insurance Company for considerable length of time.
After hearing learned Counsel for the parties and after perusal of the judgment and award passed by Tribunal including the original records placed before me, I am of the view that, the Tribunal is justified in awarding compensation towards pain and sufferings, medical expenses and loss of future income and hence, it does not call for interference.
However, the Tribunal has erred in not awarding reasonable compensation towards conveyance, nourishing food and attendant charges, loss of income during treatment: period, and loss of amenities, discomfort and unhappiness. The same requires re-consideration. The Appellant was in-patient in the Hospital for about 34 days and during this period, he must have spent reasonable sum towards conveyance, nourishing food and attendant charges. The Doctor has assessed 28% functional disability towards right lower limb and 14% towards whole body. The Appellant has to endure the said disability for the rest of his life. Having regard to the nature of injuries, I presume that, he must have taken bed rest and follow-up treatment for a period of three months.
Therefore, having regard to the nature of injuries sustained, number of days he was in-patient and the disability he has to suffer for the rest of his life, and taking into consideration all the relevant aspects, I award a sum of Rs. 5,000/- towards conveyance nourishing food and attendant charges as against Rs. 5,000/-; Rs. 5,000/- towards loss of amenities, discomfort and unhappiness as against Rs. 5,000/- and a sum of Rs. 9,000/- towards loss of income during treatment period as against Rs. 3,000/- awarded by Tribunal. The total enhancement would be Rs. 26,900/- with interest at 6% per annum from the date of petition till the date of realisation.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by Appellant is allowed in part. The impugned judgment and award dated 9th November 2006, passed in M.V.C. No. 4788/2003, by the XVIII Additional Judge, Court of Small Causes, Member. Motor Accident Claims Tribunal-4, Metropolitan Area, Bangalore, (SCCH-4), is hereby modified, awarding a sum of Rs. 26,000/- with interest at 6% per annum, in addition to the compensation awarded by Tribunal.
The Insurance Company is directed to deposit the enhanced compensation of Rs. 26,000/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, the entire sum shall be released in favour of the Appellant, immediately.
Office to draw award, accordingly.