Sumithra vs N.V. Puttalakshmaiah and Another

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 10.2.2004, passed in M.V.C. No. 2325 of 2001, by XVI Additional Judge and Member, Motor Accidents Claims Tribunal, Bangalore (SCCH-14), (for short, ''the Tribunal'') for enhancement of compensation on the ground that compensation of Rs. 99,375 awarded in his favour as against the claim for Rs. 5,00,000 is inadequate. The appellant claims to be aged about 5 years, studying in nursery and she was hale and hearty prior to the date of accident. That at about 7.30 p.m., on 23.4.2000, when the father of the appellant was standing near the road, at that time, the appellant came from her relatives house by crossing the road to go to her house. At that time, a bus bearing registration No. TN 32-C 7799 came from Hospet circle in a terrific speed driven in a rash and negligent manner and dashed against the appellant and as a result of the same, she fell down and thereafter, the left side front wheel of the bus stood on her right leg. As a result of the same, the right leg was crushed. The appellant was immediately rushed to Magadi Government Hospital for treatment and a complaint was lodged.

It is the case of the appellant that she was inpatient for 33 days in two different hospitals, during which period her father spent considerable amount for nourishing food, conveyance and attendant charges including medical and other incidental expenses and she has undergone amputation of her right leg below knee and the doctor has assessed disability in respect of right leg at 70 per cent and in respect of whole body at 50 per cent and, therefore, she has to be compensated reasonably.

On account of the injuries sustained in the accident, appellant, being a minor, represented by her father, filed the claim petition u/s 166 of the Motor Vehicles Act before the Tribunal, seeking compensation of a sum of Rs. 5,00,000 against the respondents. The said claim petition had come up for consideration before the Tribunal on 10.2.2004. 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. 99,375 with interest at 6 per cent per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this court seeking enhancement of compensation.

We have heard learned counsel for appellant and learned counsel for insurance company 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 occurrence of accident and the resultant injuries sustained by appellant are not in dispute. It is also not in dispute that she was aged about only 5 years and studying in nursery. The Tribunal, after assessing the oral and documentary evidence available on file, has rightly awarded compensation of Rs. 8,000 for medical expenses. Hence, it does not call for interference.

However, the Tribunal erred in not awarding reasonable compensation towards other heads and further erred in not awarding any compensation towards loss of future income, future medical expenses and loss of marriage prospects. The appellant has taken treatment totally for about 33 days in two hospitals and during this period, she being aged only 5 years would have undergone a lot of unsaid pain and agony and must have spent considerable amount towards conveyance, nourishing food and attendant charges, apart from medical expenses. The doctor has assessed disability at 70 per cent in respect of right leg and 50 per cent in respect of whole body. Appellant being aged only 5 years at the time of accident has to pull on with this disability for the rest of her life and she cannot be like a normal girl and do the work as other girls of her age can do. In view of the injuries and the magnitude of disability at this young age, we feel that definitely her marriage prospects are likely to be affected. Accordingly, taking into consideration all the above aspects, we re-determine compensation by awarding a sum of Rs. 1,00,000 towards pain and suffering as against Rs. 40,000; Rs. 10,000 towards conveyance, nourishing food and attendant charges as against Rs. 1,375; Rs. 75,000 towards loss of amenities, discomfort and unhappiness on account of disability as against Rs. 50,000 awarded by Tribunal.

Further, it is noticed that the Tribunal has not awarded any compensation towards future medical expenses, loss of future income and loss of marriage prospects. Having regard to the nature of injuries, the young age of the appellant, the nature and duration of treatment and the percentage of disability which she has to endure for the remaining part of her life, we award a sum of Rs. 50,000 towards future medical expenses, Rs. 50,000 towards loss of marriage prospects and a sum of Rs. 1,12,500 (i.e., Rs. 15,000 x 15 x 50/100), taking the notional income of Rs. 15,000 per annum, adopting multiplier of ''15'' and accepting the whole body disability at 50 per cent as assessed by doctor.

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 10.2.2004, passed in M.V.C. No. 2325 of 2001, by the Sixteenth Additional Judge and Member, Motor Accidents Claims Tribunal, Bangalore (SCCH-14), is hereby modified, awarding a sum of Rs. 4,05,500 as against Rs. 99,375 awarded by Tribunal, with interest at 6 per cent 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 suffering

Rs. 1,00,000

Towards loss of amenities and enjoyment in life

Rs. 75,000

Towards medical expenses

Rs. 8,000

Towards conveyance, nourishing food and attendant charges Towards loss of

Rs. 10,000

marriage prospects Towards future

Rs. 50,000

medical expenses

Rs. 50,000

Towards loss of future income

Rs. 1,12,500

Total

Rs. 4,05,500

Thus the insurance company is directed to deposit the enhanced compensation of Rs. 3,06,125, with interest thereon at 6 per cent per annum, within four weeks from the dale of receipt of copy of the judgment and award.

On such deposit by the insurance company, out of the enhanced compensation of Rs. 3,06,125, a sum of Rs. 2,50,000 with proportionate interest shall be invested in fixed deposit in any nationalised or scheduled bank in the name of appellant-minor, till she attains majority, and thereafter renewable for another five years, with liberty reserved to her natural guardian to withdraw the interest periodically for her welfare.

The remaining sum of Rs. 56,125 with proportionate interest shall be released in favour of the appellant through her natural guardian, immediately. Office to draw award, accordingly.