Sri Byranna vs Sri H. Venkatesh and Others

A.N. Venugopala Gowda

Dissatisfied with the award for Rs. 43,700/- with interest passed by the MACT, claimant has filed this appeal. Sri S. Kalyan Basavaraj, learned Advocate appearing for the appellant contended that the appellant sustained grievous injuries in the road traffic accident, on account of which, the appellant had to take treatment by being inpatient for about 35 days in a hospital and despite treatment obtained, there is permanent disability suffered, which has resulted in loss of future earnings apart from loss of amenities of life and in the circumstances, the Tribunal has not assessed the compensation in just and fair manner and the award passed being for a paltry sum, learned counsel seeks enhancement of compensation.

Sri A.M. Venkatesh, learned Advocate appearing for the respondent - Insurance Company, on the other hand, would argue that the permanent disability suffered, if any, has not been established by examining a medical practitioner and in the absence of evidence with regard to permanent disability suffered leading to functional disability, there cannot be any award under the head ''loss of future earnings'' much less under the head ''loss of amenities''. Learned counsel submits that there is no ground made out for enhancement of compensation.

Ex. P5 is the wound certificate, which shows that the appellant had sustained tenderness and swelling over right hip joint, abrasion over right knee joint, contusion over left elbow joint and inter trochantric fracture of right femur. Except inter trochantric fracture of right femur, other injuries were classified as simple by the medical practitioner. Ex. P7 shows that the petitioner took treatment by being inpatient for about 38 days from 05.02.08 to 15.03.08 and has incurred expenditure of only Rs. 1,414/-. For reasons best known to the claimant appellant, a medical practitioner was not examined to establish the sustaining of permanent disability, be it physical or functional.

Appellant at the time of accident was aged about 50 years and an agriculturist. Sustaining of injury in a motor vehicle accident, obtaining of treatment by the appellant are well established from Exs. P5 to P7. However, there is no credible evidence with regard to the permanent or functional disability suffered in the accident. Keeping in view the materials placed on record of the MACT, the just and reasonable compensation which the respondents have to pay to the appellant is as follows:

Heads

Amount (in Rupees)

Pain and suffering

35,000/-

Medical expenses

4,000/-

Incidental expenses:

Conveyance, attendant & nourished diet

15,000/-

Loss of income during treatment period: 4500 x 4

18,000/-

Total

72,000/-

In the result, the appeal is allowed in part. The impugned Judgment/Award is modified. Appellant is held entitled to total compensation of Rs. 72,000/- with interest at 6% p.a. from the date of filing of claim petition till the date of deposit, in the MACT. The Award in all other respects remains undisturbed.

Respondent - Insurance Company is granted two months'' time to deposit the balance compensation amount in the MACT.

No order as to costs.