Sunitha,J. vs Anwar Nazir

N.K. Patil, J.—Though this matter is posted today in orders list, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal. This is a claimant''s appeal against the impugned judgment and award dated 31/03/2011 passed in MVC No. 40/2010, by the II Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal-VI, Mangalore, D.K., (for short ''Tribunal''), for enhancement of compensation.

By its judgment and award, the Tribunal has awarded a sum of Rs. 1,51,000/- under different heads with interest at 6% p.a., from the date of petition till the date of realization as against the claim made by the appellant for a sum of Rs. 20,00,000/-, on account of the injuries sustained by her in the road traffic accident.

In brief, the facts of the case are:

"The appellant claims to be aged about 29 years at the time of the accident. She was hale and healthy prior to the accident. That on 1.5.2009 the appellant and her family members left Calicut to Sri Mookambika temple in Kollur and unfortunately her car got brake down at Kasaragod and she and her family members halted there and on next day, i.e. on 2.5.2009 they reached Mangalore at 6.30 a.m. and immediately they got bus by name SNDP bearing Reg. No.KA. 19.AC. 1111 by 7.30 a.m. to Kollur and when the said bus reached near Mulky station, the said bus ramped behind a stationed bus in the bus stop against the bus named Bharath Motors bearing Reg. No.KA. 20.B.3427 and caused the accident. In the said accident, appellant who was sitting in second row behind the driver was thrown away and was seriously injured. Immediately she was taken to Padmavathi hospital at Surathkal and then to A.J. Hospital where she took treatment as inpatient till 11.5.2009. Thereafter, she was again admitted at GKNM hospital in Coimbatore on 18.5.2009 and treated there for 10 days and in all, she took treatment as inpatient for 19 days."

It is the further case of the appellant that, she spent considerable amount towards medical and other expenses. On account of the injuries sustained by her, she filed a claim petition before the Tribunal, u/s 166 of M.V. Act, claiming compensation against the respondents.

The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 1,51,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till the date of realization.

Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.

We have heard the learned counsel appearing for appellant and learned counsel appearing for Insurer.

It is the submission of the learned counsel appearing for the appellant that, the Tribunal has erred in not awarding reasonable compensation towards injury pain and sufferings, conveyance, nourishing food and attendant charges and in not awarding any compensation towards loss of amenities. To substantiate the said submission, he submitted taking us through Ex. P9 that, on account of the injuries sustained by her, she took treatment as inpatient for 19 days on different occasions in two hospitals and during the said period, she spent reasonable amount towards conveyance and other incidental expenses. She is a computer teacher by profession working at Coimbatore and drawing the salary of Rs. 6,000/- per month and on account of the injuries sustained by her, discomforts and unhappiness persist through out her life and it would affect her profession, but this aspect of the matter has not been looked into or considered by the Tribunal while awarding compensation. Therefore, he submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation.

Per contra, learned counsel appearing for Insurer submitted that, the compensation awarded by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on file and having regard to the age, avocation and nature of injuries sustained by her and therefore, it does not call for interference.

After hearing the learned counsel for the parties and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, it emerges that, the occurrence of the accident and the resultant injuries sustained by the appellant as per Ex. P6, wound certificate are not in dispute. It is also not in dispute that, appellant has taken treatment as inpatient for 19 days on different occasions in two hospitals and she was aged about 29 years as on the date of the accident and hale and healthy prior to it. Further, it emerges that, during the period of treatment, she might has spent reasonable amount towards conveyance, nourishing food and attendant charges and might has suffered lots of pain and agony. Discomforts and unhappiness persists through out her life and it would affect her happiness in future life and what is awarded by the Tribunal is inadequate and it requires enhancement. Non examination of the Doctor as contended by the Insurer will not take away the legitimate entitlement of compensation by the appellant on account of the injuries sustained by her in the road traffic accident. Taking all these factors into consideration, we award a sum of Rs. 30,000/- towards injury pain and sufferings instead of Rs. 20,000/-, Rs. 11,000/- against conveyance, nourishing food and attendant charges instead of Rs. 6,000/- and Rs. 20,000/- towards loss of amenities.

However, a sum of Rs. 1,25,000/- awarded by the Tribunal towards medical expenses after assessing oral and documentary evidence, particularly, the medical bills produced by the appellant, is just and proper and therefore, it does not call for interference by this Court. In all, the appellant is entitled to the total compensation of Rs. 1,86,000/- instead of Rs. 1,51,000/- and the break- up is as follows:

Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 31/03/2011 passed in MVC No. 40/2010, by the II Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal-VI, Mangalore, D.K., stands modified, awarding the compensation of Rs. 35,000/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal. The Insurer is directed to deposit the enhanced compensation with interest at 6% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment and award.

Immediately on deposit by the Insurer, the entire enhanced compensation with interest shall be released in favour of appellant.

Draw the award, accordingly.