Sri Y Kotrappa vs Sri Chidananda

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 30-10-2006 passed in MVC 1135/2005 on the file of Addl. Motor Accident. Claims Tribunal - cum Fast. Track Court -II Davanagerc The Tribunal awarded compensation of Rs. 72,700/- under various heads with interest at 6% p.a. from the date of petition till realisation on account of the injuries sustained by the appellant in a. road traffic accident. Claiming that the compensation awarded is on the lower side and seeking enhancement, this appeal is filed.

The appellant claimed that he was an agriculturist and also doing milk vending business, On 02.05.2004 at 2.00 p.m. he was travelling in a Maxi Cab from Hamsagar to Hadagali. The driver of Maxi Cab drove the vehicle in a rash and negligent manner and made it to topple. Due 10 the impact the appellant suffered fracture of left clavicle bone and left humerus bone and undergone treatment for one and half months and spent considerable amount towards treatment, travelling, etc. Due to the injuries sustained, he is unable to do the work normally. Taking into consideration all these factors the appellant filed claim petition u/s 166 of MV Act claiming compensation of Rs.7,25,000/-. The said matter came up for consideration and the tribunal, after assessing the oral and documentary evidence and taking into consideration the avocation of the appellant, has awarded compensation of Rs.72,700/-. Not being satisfied with the compensation awarded the appellant has presented this appeal seeking enhancement of compensation.

We have heard the learned counsel for the appellant and learned counsel for the insurance company.

After careful perusal of the impugned judgment and award, what emerges is that, the Tribunal after assessing the oral and documentary evidence on record has rightly awarded Rs.30,000/- towards pain and suffering, Rs.5,765/- towards medical expenses. They do not call for interference. However, the Tribunal has erred in not awarding reasonable compensation towards loss of income during treatment period and loss of amenities and happiness.

It is not in dispute that it is the specific case of the appellant that he has undergone treatment for one and half months. The doctor has assessed the disability of 15% for clavicle bone and 25% for humerus bone and the over all disability at 40%. As against this, the Tribunal has taken 10% disability to whole body. However, we re-assess and take the whole body disability at 13%. The Tribunal has rightly taken the income of the appellant at Rs.3,000/- p.m. and is accepted. The age of the appellant was 52 years as on the date of accident and the appropriate multiplier is 11. Due to the injuries the appellant might have taken bed rest for four months. Taking into consideration all these factors we deem it proper to award compensation as follows:

Pain and suffering

Rs.30,000/-

Medical Expenses

Rs. 5,765/-

Nourishing food, Attendant and Conveyance charges

Rs. 15,000/-

Loss of income During treatment (@ 3,000/- for 4 months)

Rs. 12,000/-

Future loss of income (Rs.3,000/-x12x�11�x13/100)

Rs.51.480/-

Loss of amenity

Rs. 10,000/-

Total

Rs. 1,24.245/-

The compensation is enhanced to Rs. 1,24,245/-as against is Rs.72.700/- awarded by the tribunal. The enhanced compensation of Rs.51.545/- shall carry interest at 6% p.a. from the date of petition till realisation.

Accordingly the instant appeal is allowed in part. The impugned judgment and award dated 30.10.2008 passed by Tribunal in MVC No. 1135/2005 is hereby modified awarding Rs.51,545/- with 6% interest from the date of petition till realisation, in addition to the compensation awarded by the Tribunal.

The second respondent insurance company is directed to deposit the same within three weeks from the date of receipt of copy of this judgment and the same shall be released to the appellant immediately on deposit by the Insurer.

Office to draw award accordingly.