Sri. Jaleel Khan Husain Khan vs Sri. K.S. Yogesh

N.K. Patil, J.—This appeal by the claimant arises out of the impugned judgment and award dated 19th August 2006 passed in MVC No. 6113/2003 on the file of the XVIII Addl. Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-IV, Bangalore City. The Tribunal by its impugned judgment and award has awarded a sum of Rs. 60,000/- under different heads with interest at 6% p.a. from the date of petition till the date of realisation on account of the injuries sustained by the appellant in the road traffic accident Therefore, the appellant felt necessitated to present this appeal on the ground that the quantum of compensation awarded by the Tribunal is on lower side and requires to be enhanced.

The brief facts of the case are as follows:

The appellant claims that be was aged about 50 years and he is an Auto Driver and also doing milk vending business. He was hake and healthy prior to the accident and be was earning a sum of Rs 6,000/-p.m. It is the case of the appellant that he met with an accident on 15.09.2003 at about 11.15 P.M. When he was standing by the side of the road on D.J. Halli Main Road near Royal Medical Stores, a Tata Sumo Goods Van bearing No. KA-09/9830 came in a rash and negligent (sic) with high speed and dashed against the appellant Due to impact, he fell down and sustained comminuted fracture of distal radius bones and he had undergone treatment for a period of 8 days in St. Martha''s Hospital, Bangalore from 15.09.2003 to 25.09.2003 and also undergone operation, implants were fixed to his right hand. The appellant had spent reasonable amount towards injury, pain and suffering conveyance, nourishing food and attendant charges The Doctor has assessed the disability to an extent of 42% to his right upper tab and 14% to the whole body. Taking into consideration all these facts, the appellant has filed claim petition u/s 166 of M.V. Act against the respondents - Owner and the insurer of the offending vehicle.

The said claim petition had come up before the Claims Tribunal for consideration and the Tribunal in turn after evaluation of the oral and documentary evidence and other relevant on record has allowed the claim petition in part and awarded compensation of Rs. 60,000/- under different heads with interest at 6% p.a. from the date of petition till the date of realisation.

Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented the instant appeal claiming enhancement of compensation on the ground that the compensation awarded by the Claims Tribunal is inadequate and the same requires enhancement.

We have heard the learned Counsel appearing for the appellant and the 2nd respondent - Insurer.

The submission of the learned Counsel appearing for the appellant at the outset is that the Tribunal has erred in not awarding reasonable compensation towards conveyance, nourishing food and attendance charges and also medical expenses, loss of income during the treatment period, loss of amenities and future medical expenses. Therefore, he submits that the impugned judgment and award is liable to be modified by enhancing just and reasonable compensation.

Per Contra, the learned Counsel appearing for the 2nd respondent - Insurer submitted that the award passed by the Tribunal is Just and reasonable and it is passed after due considerate of oral and documentary evidence available on record. Hence, interference by this Court is not called for.

After careful consideration of the submissions of the learned Counsel appearing for both the parties and after perusal of the impugned judgment and award passed by the Tribunal, the only point that arise for our consideration is:

Whether the quantum of compensation awarded by the Tribunal is just and reasonable?

It is not in dispute that the accident occurred resulting the injuries sustained by the appellant further, it is not in dispute that the appellant was aged about 50 years at the time of accident and he was doing milk vending business and also an Auto driver by profession, He was earning Rs. 6,000/- per month.

On the bask of the credible documents produced by the appellant, the age of the appellant and year of the accident, the Tribunal has assessed the income of the appellant at Rs. 4,000/- per month. We accept the same. The Tribunal has rightly assessed the permanent disability at 10% and the same is accordingly accepted. The age of the appellant was 50 years and the appropriate multiplier would be 13. Further, the Tribunal has erred in not taking into consideration the pain and suffering and during treatment, he might have spent reasonable amount towards conveyance, nourishing food and attendant charge, medical expenses. The Doctor has advised him to undergo bed rest and follow-up treatment for a period of three months The Tribunal has not looked into the discomfort, unhappiness to be suffered by the appellant the appreciated. Therefore, we deem it fit to consider the facts and circumstance of the case on hand and award compensation as per the break up given, below:

Sl. No.

Particulars

Amount Rs.

1

Injury, pain and suffering

20,000.00

2

Medical, conveyance, nourishing food and attendant charges

30,000.00

3

Loss of income during treatment (@ Rs. 4,000/- � 3 Months)

12,000.00

4

Loss of amenities, discomfort, unhappiness

15,000.00

5

Loss of future earning [Rs. 4000 � 12 � 1013/100)

62,400.00

Total

1,39,400.00

In all the appellant & entitled for a total compensation of Rs. 1,39,400/- as against Rs. 60,000/- awarded by the Tribunal. A sum of Rs. 79,400/- is awarded in addition to the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realisation.

Accordingly, the appeal filed by the appellant is hereby allowed in part The impugned judgment and award dated 19th August 2006 passed in M.V.C. No. 6113/2003 on the file of the XVIII Addl Judge, Small Causes Court, Member, Motor Accident Claims Tribunal-IV, Bangalore City, is hereby modified by awarding a compensation of Rs. 79,400/- with interest at 6% p.a. from the date of petition till the date of realisation in addition to the compensation awarded by the Tribunal.

The 2nd respondent - Insurer is directed to deposit the enhanced compensation with proportionate interest within three weeks from the date of receipt of copy of this judgment and award.

The enhanced compensation amount with accrued interest shall be released in favour of the appellant/claimant immediately on deposit made by the 2nd respondent - Insurer.

Office is directed to draw the award accordingly.