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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 21st February 2005, passed in M.V.C. No. 3521/2003, by the VI Additional SCJ and Motor Accident Claims Tribunal, Bangalore (SCCH-2), (for short, Tribunal) for enhancement of compensation on the ground that, the compensation of Rs. 65,500/- awarded in his favour as against his claim for Rs. 05.00 lakhs, is inadequate.
The Appellant claims to be aged about 32 years and working as coolie, earning a sum of Rs. 3,000/- per month. He was hale and healthy prior to the date of accident. That at about 10:30 A.M., on 15-06-2003, when the Appellant was standing by the side of A.V. Road and waiting for the bus, to return to his residence from his work place, and when he was about to get inside the bus that had come to the stand, at that time, a APSRTC Bus bearing Registration No. AP-11/Z-2286 came from east to west on the A.V. Road in a rash and negligent manner and came on the extreme side of the said road and dashed against him, as a result of which, he fell down and sustained grievous injuries.
It is the case of the Appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.
On account of the injuries sustained in the accident, the Appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 05.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 21st February 2005. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 65,500/- with interest at 7% per annum from the date of petition till the date of deposit, after deducting 10% towards contributory negligence on the part of the Appellant. Being dissatisfied with the quantum of compensation awarded by the Tribunal and also the contributory negligence fixed on the Appellant at 10%, the Appellant is in appeal before this Court, seeking enhancement of compensation.
We have heard learned Counsel for Appellant and learned Counsel for Corporation for considerable length of time.
After hearing learned Counsel for the parties and after perusal of the judgment and award passed by Tribunal including the original records placed before us, we are of the view that, the Tribunal, after proper assessment of oral and documentary evidence available on file, has rightly fixed the contributory negligence on the part of the Appellant at 10% and we uphold the same. It is not in dispute that the Appellant was aged about 32 years at the time of accident and was working as coolie. The Tribunal has erred in assessing the income of the Appellant at Rs. 1,500/- per month or Rs. 18,000/- per annum. Having regard to the age and avocation and the year of accident, we re-assess the income of the Appellant at Rs. 3,000/- per month, to meet the ends of justice. The appellant has sustained fracture to the back and injury to the abdomen and there is compression. Because of the said injuries, he would have under gone lot of unsaid pain and agony. It is stated that he has taken treatment for a total period of 9 days in the Hospital. During this period, he must have spent reasonable amount towards conveyance, nourishing food and attendant charges, apart from medical expenses. The Doctor has assessed disability towards spine at 45%, and 22% towards whole body, but the Tribunal has re-assessed the whole body disability at 15%, which is just and proper and we accept the same. In view of the said disability, the Appellant, being aged only 32 years, has to pull on the life with this disability for the rest of his life and he cannot do the work as he was doing before. Having regard to the nature of injuries sustained in the accident, we presume that he would have taken follow-up treatment and bed rest at least for a period of three months, Since the Appellant was aged about 32 years, the appropriate multiplier is ''16'' as per the decision of the Hon''ble Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . Accordingly, taking into consideration all the above aspects, we re-determine compensation by awarding a sum of Rs. 10,000/- towards conveyance, nourishing food and attendant charges as against Rs. 5 000/-; Rs. 9,000/- towards loss of income during treatment period, taking the income of the Appellant at Rs. 3.000/- per month, for a period of three months as against Rs. 4,500/-, Rs. 20,000/- towards pain and sufferings as against Rs. 15,000/-; Rs. 86,400/- (i.e. Rs. 3,000/- x 12 x ''16'' x 15/100) towards loss of future income as against Rs. 43,200/-; and a sum of Rs. 20,000/- towards loss of amenities, discomforts, and unhappiness on account of disability.
However, a sum of Rs. 5,000/- awarded by Tribunal towards medical expenses is just and reasonable and does not call for interference.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by Appellant is allowed in part. The impugned judgment and award dated 21st February 2005, passed in M.V.C. No. 3521/2003, by the VI Additional SCJ and Motor Accident Claims Tribunal, Bangalore (SCCH-2), is hereby modified, awarding a sum of Rs. 1,50,400/- as against Rs. 72,700/- awarded by Tribunal, with interest at 6% per annum on the enhanced sum, from the date of petition till the date of realization. The break-up is as follows:
Towards Pain and sufferings Rs. 20,000/- Towards Loss of amenities & enjoyment in life Rs. 20,000/- Towards Medical Expenses Rs. 05,000/- Towards conveyance, nourishing food and attendant charges Rs. 10,000/- Towards Loss of earning during treatment period Rs. 09,000/- Towards loss of future income Rs. 86,400/-
Total Rs. 1,50,400/-
The Appellant is entitled to a total compensation of Rs. 135,360/- (i.e. Rs. 1,50,400/- - Rs. 15,040/-), after deducting 10% towards contributory negligence on the part of the Appellant. The enhanced compensation comes to Rs. 69,860/- (i.e. Rs. 1,35,360/- - Rs. 65,500/-) with interest at 6% per annum, from the date of petition till the date of realization.
The Corporation is directed to deposit the enhanced compensation of Rs. 69,860/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Corporation, out of the enhanced compensation of Rs. 69,860/-, 50% of it with proportionate interest shall be deposited in Fixed Deposit in any Nationalised or Scheduled Bank, in the name of the Appellant, for a period of five years, renewable for another five years, with permission to him to withdraw the periodical interest.
The remaining 50% of the enhanced compensation with proportionate interest shall be released in favour of the Appellant, immediately.
Office to draw award, accordingly.