Sri. P.N. Narasimha Murthy vs Sri. B.S. Govardhan Gupta

A.S. Pachhapure

The appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained by him in a motor vehicle accident, has filed this appeal seeking enhancement. The facts relevant for the purpose of this appeal are as under:

On 01.08.2007 at about 5.15 p.m., while the appellant was returning to his home at Ramanashree Road, near Ice Gate Sadashivanagar, the rider of Yamaha Motor Cycle bearing registration No. KA-40/H-6793 drove the same in a rash and negligent manner and hit the appellant, who sustained grievous injuries, i.e., fracture of both bones of right leg and other simple injuries. He was admitted to General Hospital. Yelahanka and later he took treatment in Ganesh Nursing Home Mekhri Circle, Bangalore. In these circumstances, he claimed a compensation of Rs. 4,00,000/- with interest.

The insurer contested the claim of the appellant. During the enquiry, the appellant examined himself as P.W.1, the Doctor P.W.2 and in their evidence Exs.P-1 to P-11 were marked. The respondent did not lead any evidence. The Tribunal on appreciation of the materials on record, held actionable negligence on the part of the driver of the Motor Cycle and has granted compensation of Rs. 36,000/- on different ground with interest at 8%. Dissatisfied with the quantum of compensation, the present appeal has been filed.

I have heard the learned counsel for both parties.

The point that arise for my consideration is:

Whether the appellant is entitled to enhanced compensation, if so to what extent?

As could be seen from the material placed on record and injury certificate, the appellant has sustained fracture of both the bones of right leg and in the Circumstances he was treated in the hospital for ten days. The Tribunal has granted compensation of Rs. 25,000/- for pain and suffering. Taking into consideration that there is two fractures to both bones of right leg, I thank it is just and proper to award an additional sum of Rs. 10,000/- .

So far as loss of amenities in life is concerned, the Tribunal has awarded a meager compensation of Rs. 5,000/- . As the appellant has suffered two fractures, it would be just and proper to grant an additional sum of Rs. 5,000/- on this head. Towards medical expenses the Tribunal has granted Rs. 3,000/- and taking into consideration the nature of fractures, period of treatment, etc. an additional sum of Rs. 2,000/- has to be granted. The Tribunal has granted a sum of Rs. 3,000/- towards attendant charges, food and nourishment and conveyance charges, but has not considered the compensation for loss of income during the period of treatment. When he has suffered two fractures of his right legs, he may not be in a position to assume his normal duty for atleast three months. Hence he is entitled to Rs. 12,000/- on this head. Though the appellant has examined the doctor, the disability has not been stated and in the circumstances the appellant is not entitled to any compensation on this head. Hence the appellant is entitled to an additional compensation of Rs. 29,000/- with interest at 6% apart from the compensation awarded by the Tribunal. Hence I answer the point for consideration in the affirmative and pass the following:

ORDER

The appeal is allowed in part. In addition to the compensation of Rs. 36,000/- awarded by the Tribunal, the appellant is entitled to additional sum of Rs. 29,000/- with interest at 6% from the date of petition till payment.

The enhanced amount shall be paid to the appellant.