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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment end award dated 16th November 2006 passed in MVC No. 2233/2003 on the file of the VII Addl. Judge, Court of small Causes, Motor Accident Claims Tribunal-3, Bangalore (SCCH-3). The Tribunal by its impugned judgment and award has awarded a sum of Rs. 1,74,200/- 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 in the road traffic accident Therefore, the appellant felt (sic) to present this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires to be enhanced.
The brief facts of the case are as follows:
The appellant claims that he was aged about 44 years at the time of accident and working in a Private Company drawing a salary of Rs. 3,787/ - per month. He was hale and healthy prior to the accident. He contended that he met with an accident that occurred on 22.11.2004 at about 8.00 p.m. at Jangamakote Cross, Siddalaghatia Taluk, Kolar District. He sustained grievous fracture to both bones of right leg. The Doctor has assessed the disability at 59% to right lower (sic) and to the whole body at 19.6%, In view of the injuries sustained by the appellant he undergone treatment as inpatient in the Hospital for a period of 16 days on three occasions. It is the case of the appellant that he had spent considerable amount towards medical expenses, conveyance, nourishing food and attendant charges due to the injuries sustained in the road traffic accident The Doctor has opined that he has to suffer the said permanent disability throughout his life. Taking all these facts into consideration the appellant has filed claim petition u/s 166 of the M.V. Act against the owner and the insurer before the Tribunal.
The said claim petition had come up before the Claims Tribunal for consideration and the Tribunal in turn after appreciation of the oral and documentary evidence and other relevant material on record has allowed the claim petition in part and awarded compensation of Rs.. 1,74,200/- under different heads with interest at 6% p.a. from the date of petition till the date of realisation.
Net 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 first respondent - Insurer.
The submission of the learned Counsel appearing for the appellant at the outset is that he Tribunal has not awarded any compensation towards conveyance, nourishing food and attendant charges and also not awarded any compensation towards loss of income during the laid up period and loss of future earning and future medical expenses. Therefore, the impugned judgment and award is liable to be modified.
As against this, the learned Counsel appearing for the first respondent - Insurer inter-alia substantiated that the impugned judgment and award passed by the Tribunal is just and proper and after due consideration of the oral and documentary evidence and having regard to the age and avocation. Hence interference by this Court is not called for.
After careful consideration of the submission of the learned Counsel appearing for both the parties and after perusal of the impugned judgment and award, the only point that (sic) for 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 in the injuries to the appellant The Tribunal after due appreciation of the oral and documentary evidence available on record has rightly awarded Rs. 40,000/- towards pain and agony and Rs. 82,800/-towards medical expenses as per medical bills, Therefore, interference by this Court is not called for.
However, the Tribunal has eared in not awarding any compensation towards conveyance, nourishing food and attendant charges and loss of income during laid up period and loss of future amenities and future medical expenses. Due to the injuries sustained by the appellant in the road traffic accident, he undergone treatment for a period of 16 days in the hospital as inpatient and spent considerable amount towards conveyance, nourising food and attendant charges. The Doctor has assessed the functional disability to right lower limb at 59% and to the whole body at 19.6%. The appellant had sustained disabilities, discomfort and he cannot do day today activities. The Doctor has advised take bed rest for a period of six months. The evidence of PW-2 clearly shows that the appellant requires further surgery and require huge expenses towards operation. This aspect has not been looked into nor appreciated by the Tribunal, Therefore, we deem fit to award a sum of Rs. 52,722/- towards loss of income during the kid up period at the rate of Rs. 8,787/- p.m. for a period of six months, Rs. 50,000/-towards loss of amenities, disabilities, discomfort, Rs. 20,000/- towards future medical expenses and Rs. 20,000/- towards conveyance, nourishing food and attendant charges. Accordingly, the appellant is entitled to a total compensation of Rs. 2,63,522/- under all heads as against as per the break up given below:
Sl. No.
Particulars
Amount Rs.
1.
Injury pain and agony
40,000.00
2.
Medical Expenses
82,800,00
3.
Conveyance, nourising food and attendant charges
20.000.00
4.
Loss of income during laid a period
32.722,00
5.
loss of amenities disabilities discomfort
30.000.00
6.
Future medical expenses
20.000.00
Total
2,65,322,00
as against Rs. 1,74,200/- There would be an enhancement of Rs. 91,332/- 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 impunged judgment and award dated 16th November 2006 passed in M.V.C. No 2233/2003 on the file of the VII Addl. Judge, MACT-3, Court of Small Causes, Bangalore is hereby modified by awarding a compensation of Rs. 91,323/- 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 first respondent - Insurer is directed to deposit the enhanced compensation with 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 first respondent - Insure.
Office is directed to draw the award accordingly.