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Judgment
N.K. Patil, J.—Admit.
This appeal is directed against the judgment and award dated 12.1.2006 passed in M.V.C. No. 860/2004 on the file of the XVII Addl. Judge, Member, MACT (SCCH-4), Bangalore (hereinafter referred to as the Claims Tribunal'' for brevity). The Claims Tribunal by its judgement and award has awarded a sum of Rs. 45,000/- with interest at 8% p.a. under different heads as against the claim of appellant for Rs. 5,00,000/- against respondents on account of the injuries sustained in the road traffic accident. Therefore, the appellant felt necessitated to present this appeal on the ground that the amount awarded by the Claims Tribunal is inadequate and he is entitled for enhancement of compensation.
The brief facts of the case are as follows:
The appellant is a Carpenter, aged about 23 years as on the date of accident. That on 8.9.2003, at about 11 a.m., when he was standing near Shivajinagar bus stand, a B.T.S bus bearing No KA-04-A-3784 driven by its driver in a rash and negligent manner dashed against him and he fell down and sustained fracture of superior and inferior pubic rami right side and injuries to abdomen and urethral bleeding. On account of the injuries sustained in the accident, he was admitted in the hospital for more than 15 days. He might have spent some amount for conveyance, nourishing food and attendant charges. Having regard to the nature of injuries sustained in the accident, the appellant thought it fit to file a claim petition against the respondents claiming compensation of Rs. 5,00,000/-. The said claim petition had come up before the Claims Tribunal for consideration on 12.1.2006. The Claims Tribunal, after careful evaluation of the oral and documentary evidence and other relevant material on record has allowed the claim petition in part and awarded compensation of Rs. 45,000/- with interest at 8% from the date of petition till the date of deposit. Being aggrieved by the same, the appellant has presented the instant appeal claiming enhancement of compensation on the ground that the amount awarded by the Claims Tribunal is inadequate and the same requires enhancement.
As against this, learned Counsel for the second respondent - insurance Company, inter alia, contends that the compensation awarded by the Claims Tribunal is just and reasonable. The Claims Tribunal, after due consideration of the material on record and taking into consideration the nature of injuries sustained, has awarded reasonable compensation and therefore interference by this Court is not called for.
We have heard learned Counsel appearing for the appellant and learned Counsel appearing for the second respondent - Insurance Company for considerable length of time and gone through the grounds urged in the memorandum of appeal.
After careful examination and after perusal of the judgment and award, what emerges is that the Claims Tribunal erred in awarding only Rs. 25,000/ towards ''pain and sufferings''. The same is inadequate for the reason that the appellant has sustained injuries as referred to above and the Doctor has assessed disability of 26% to the right lower limb, 25% urethral injury and 38 % to the whole body. He has undergone treatment for more than 15 days. He might have suffered pain and agony. The Claims Tribunal should have considered the nature of treatment, pain and agony and ought to have awarded just and reasonable compensation. Therefore, we award a sum of Rs. 30,000/- towards ''pain and sufferings'' as against Rs. 25,000/- awarded by the Claims Tribunal.
The Claims Tribunal has erred in awarding Rs. 5,000/- towards ''medical expenses, conveyance and nourishment''. He has undergone treatment for more than 15 days. He might have spent some amount towards conveyance, nourishing food and attendant charges. Therefore, we deem it fit to award Rs. 10,000/- under this head as against Rs. 5,000/- awarded by the Claims Tribunal.
The Claims Tribunal committed grave error in not awarding any amount towards ''loss of earning during laid up period''. He was admitted in the hospital for more than 15 days as an in-patient. Therefore, we assess the income of the claimant at Rs.3,000/- p.m. and award Rs. 8,000/- for a period of two months at the rate of Rs. 3,000/- pan. towards ''loss of income during laid up period''.
The Claims Tribunal erred in awarding Rs. 15,000/- towards loss of amenities and disabilities''. It is not in dispute that the appellant has undergone treatment for more than 15 days in the hospital and has suffered pain and agony during the treatment period. The Doctor has assessed disability of 26% to the right lower limb, 25% urethral injury and 38% to the whole body. Taking into consideration, the unhappiness and discomfort to be suffered by him in his future career, he being a Carpenter, we deem it fit to award Rs. 30,000/ towards loss of amenities and disabilities'' as against Rs. 15,000/- awarded by the Claims Tribunal.
In the light of the facts as stated above, the instant appeal filed by the appellant is allowed in part. The judgment and award dated 12.1.2006 passed in M.V.C. No. 860/2004 on the file of the XVIII Addl. Judge, Member, MACT, Bangalore is hereby modified as follows:
1)
Pain & suffering
Rs. 30,000/-
2)
Conveyance, nourishing food, attendant charges.
Rs. 10,000/-
3)
Loss of income during treatment period
Rs. 6,000/-
4)
Loss of amenities
Rs. 30,000/-
Total
Rs. 76,000/-
The appellant is entitled to compensation of Rs. 76,000/- as against Rs. 45,000/- (total enhancement being Rs. 31,000/-) along with interest @ 6% p.a. on the enhanced compensation, from the date of petition all the date of realization.
The second respondent - Insurance Company is directed to deposit the enhanced compensation with interest within four weeks from the date of receipt of a copy of the judgement.
Enhanced compensation with interest shall be released in favour of the appellant immediately on deposit of the same by the Insurance Company.
Draw the award accordingly.