Uday vs Shafee Mohammed

P.D. Waingankar, J.—This appeal is filed by the appellant/claimant under Section 173(1) of M.V. Act for enhancement of compensation awarded in MVC No. 701/2008 on the file of the Additional District Judge, MACT, Chickmagalur by judgment and award dated 30.04.2010.

I have heard the learned counsel for the appellant-claimant and learned counsel for respondent No. 3-Oriental Insurance Company Ltd., Perused the records.

Upon hearing the submissions made by the learned counsel for the appellant-claimant and learned counsel for respondent No. 3-Insurance Company and upon perusal of the material on record, the only point that arises for my determination is:

"Whether the compensation awarded by the Tribunal is just and reasonable?"

It is borne out from the records that claimant-Uday met with motor vehicle accident on 09.06.2008 and sustained grievous injuries for which he was treated in Thejasvini Hospital, Mangalore. He was inpatient for a considerable period of time. He spent substantial amount for his treatment and inspite of best treatment he has suffered 90% of disability. Hence, he filed claim petition. The Tribunal upon consideration of the material placed on record has awarded a total compensation of Rs. 3,88,660/- together with interest at the rate of 6% per annum from the date of petition till the date of realisation. The Tribunal has awarded a sum of 35,000/- under the head pain and agony, Rs. 9,700/- under the head loss of earning during treatment, Rs. 7,760/- under the head attendant charges, Rs. 2,59,200/- under the head loss of future earnings, Rs. 25,000/- towards loss of amenities, Rs. 10,000/- towards food and extra nourishment and conveyance and Rs. 42,000/- towards medical expenses.

Having regard to the nature of injury sustained by the claimant and the period of hospitalization, an amount of Rs. 35,000/- awarded under the head pain and agony seems to be just and proper compensation.

It is borne out from the records that claimant was treated as inpatient for a period of 97 days. It cannot be said that immediately after his discharge from the hospital he could attend to his work. It appears that he must have been incapacitated from attending to his work atleast for a period of six months and thereby he lost his earnings. So by taking the income of the claimant at Rs. 4,500/- per month, an amount of Rs. 27,000/- is awarded under the head loss of earning during treatment as against Rs. 9,700/-awarded by the Tribunal.

Having regard to the period of hospitalization, an amount of Rs. 7,760/- awarded by the Tribunal under the head attendant charges seems to be on the lower side. Hence, I deem it just and proper on my part to award a sum of Rs. 10,000/- under the head attendant charges as against Rs. 7,760/- awarded by the Tribunal.

So far as the amount awarded under the head loss of future earning is concerned, the Tribunal upon going through the medical records has taken disability as 40% of the whole body though the Doctor has spoken about 90% disability to the whole body. On perusal of the medical records and the evidence of Doctor who has spoken about the disability, ends of justice will be met, if disability to the whole body is taken as 50% as against 40%. In that case, loss of future earning on account of disability comes to Rs. 4,86,000/- as against Rs. 2,59,200/-. So an amount of Rs. 4,86,000/- is awarded under the head loss of future earnings.

Further, an amount of Rs. 35,000/- is awarded under the head loss of amenities as against Rs. 25,000/- awarded by the Tribunal. So far as the amount awarded under the food and nourishment and medical expenses is concerned, there is no scope for interference by this Court. Thus, the claimant is awarded a total compensation of Rs. 6,45,000/- under various heads as under as against Rs. 3,88,660/-awarded by the Tribunal.

There shall be an enhancement of Rs. 2,56,340/- (Rs.6,45,000/- - Rs. 3,88,660/-) together with interest at 6% thereon from the date of petition till the date of realisation. Accordingly, I pass the following order.

Appeal is partly allowed. The judgment and award dated 30.04.2010 passed in MVC No. 701/2008 on the file of the Additional District Judge, MACT, Chickmagalur., stands modified. The appellant/claimant is awarded an enhanced compensation of Rs. 2,56,340/- over and above the compensation awarded by the Tribunal together with 6% interest thereon from the date of petition till the date of realisation.

However, the appellant/claimant is not entitled for interest for the delayed period of 161 days.

Respondent No. 3-Insurance Company is directed to deposit the enhanced compensation amount together with interest thereon within a period of two months from the date of receipt of copy of this judgment.

In the event of deposit, a sum of Rs. 1,00,000/-shall be invested in the name of the claimant in Fixed Deposit for a period of Five years in any nationalized bank of his choice. Balance amount together with interest shall be released to the appellant/claimant.