Vinod K.K. and Others vs Sunny Abraham and Others

P.V. Asha, J.—The injured in a motor vehicle accident filed this appeal, seeking enhancement of compensation. During the pendency of the appeal, he expired on 21.05.2013. His legal heirs got impleaded as additional appellants. The accident occurred while the claimant, who was proceeding in his motor cycle bearing registration No. KL-7/AT 3304, was knocked down by a stage carriage vehicle on 03.08.2005. He sustained very severe injuries, as follows:

i. Extensive lacerated wound of about 30 � 10 cm over middle third of right thigh;

ii. Swelling, tenderness and lacerated wound over U/3 right leg;

iii. Dorsiflexion of right foot weak;

iv. Swelling and tenderness over trochanteric region right; and

v. Swelling, tenderness and crepts over olecrenon region.

Ext. A5 shows that he underwent various courses of treatment, as follows:

It is seen that, based on his request, he was discharged from the Medical Trust Hospital on 22.11.2005, after in patient treatment from 03.08.2005 onwards, and thereafter he underwent treatment in other hospitals. The treatment continued almost continuously till 20.06.2007. The disability certificate issued on 23.10.2007 certified that he was having whole body permanent disability of 35% as per McBrides scale.

The appellant filed a claim petition seeking compensation to the tune of Rs. 10,77,000/-. It was claimed that he was working in a Bakery and earning a sum of Rs. 3,000/- per month. He was aged 31 years at the time of accident. The Tribunal awarded a sum of Rs. 7,59,411/-. This appeal is filed seeking enhancement in compensation, on the ground that amount awarded under various heads are inadequate.

We heard the learned counsel appearing for the Insurance Company also.

The learned counsel for the appellant pointed out that the Tribunal has awarded only a sum of Rs. 5,000/- towards transportation expenses. It is seen that from 03.08.2005, i.e. from the date of accident, the appellant had been undergoing treatment in various hospitals on intermittent intervals. Even after the last spell of in patient treatment in June, 2007, he had to continue treatment. In the circumstances, we find it fit to enhance the compensation towards transportation to Rs. 15,000/-. The Tribunal has awarded Rs. 5,000/- towards extra nourishment. Having regard to the severe nature of the injuries and the treatment undergone continuously, we find it fit to enhance the amount to Rs. 10,000/-. The Tribunal found that the appellant was undergoing treatment as in patient for 158 days. But, a sum of Rs. 5,000/- alone is granted towards attendant expenses. The appellant has been continuously under treatment and was bedridden for about two years and the assistance of an attendant was absolutely necessary to attend him during this period. We award a sum of Rs. 50,000/- towards bystander expenses.

Towards loss of earnings, the Tribunal has awarded a sum of Rs. 30,000/- for a period of ten months. It is seen that the appellant has been continuously under treatment from 03.08.2005 to 20.06.2007. Therefore, he was compelled to be kept away from employment at least for a period of two years. We award a sum of Rs. 72,000/- towards loss of earnings for the period of two years.

It has been pointed out that the appellant had to incur expenses towards future treatment even after the last spell of in-patient treatment and ultimately he succumbed to the injuries during the pendency of this appeal, on 21.05.2013. The disability certificate issued by the medical board also shows that further treatment was necessary for the appellant. Therefore, we award a sum of Rs. 15,000/- towards future treatment. The award amount is accordingly modified as follows:

Thus, the additional appellants will be entitled to a total compensation of Rs. 8,76,411/-.

The Insurance Company shall deposit the amount within a period of three months, less the amount already deposited. The enhanced amount will carry interest at the rate of 9% per annum from the date of petition.

The appeal is allowed accordingly. No cost.