Vishal P.D. and Others vs N.T. Rahmathulla Khan Associates and Others

N.K. Patil, J—This appeal by the claimant is directed against the impugned judgment and award dated 27th June 2012, passed in MVC No. 3815/2001, by the IV Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore City (SCCH-6), (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 12,70,800/- at the first instance and additional compensation of Rs. 6,26,505/- awarded in his favour as against his claim for Rs. 75,00,000/-, is inadequate.

The appellant claims to be aged about 24 years at the time of accident and a Mechanical Engineer by profession, earning substantial monthly income in US Dollars. He was hale and healthy prior to the date of accident. That at about 5:15 A.M., on 27-04-2001, when the appellant was traveling in a Bus bearing Registration No. KA-01/A-3226 near Channamma Circle, ring road, Basashankari, the driver of the said Bus, drove the same, at a high speed, in a rash and negligent manner and lost control over the Bus and caused the accident by hitting another Bus and also an electric pole. Due to the impact, the appellant sustained grievous injuries and immediately after the accident, he was shifted to D.C. Hospital for treatment.

It is the case of the appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

On account of the grievous injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 75.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 27th June, 2012. 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. 12,70,800/- at the first instance and after remand, Rs. 6,26,505/- as additional compensation towards medical expenses including conveyance, nourishing food and attendant charges with interest at 6% per annum from the date of petition till the date of deposit. Being further 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 second respondent/Insurance Company, for considerable length of time.

The submission of learned counsel appearing for appellant, Shri Mallinath S. Maka is that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings, loss of amenities, discomfort and unhappiness on account of permanent physical disability, loss of future income, loss of marriage prospects, future medical expenses and future attendant charges and no compensation is awarded towards loss of income during treatment period and future medical expenses. Further, the compensation awarded towards medical bills is also on the lower side and contrary to the medical bills and prescriptions produced before the Tribunal.

He further submitted that, the appellant was aged about 24 years working as Mechanical Engineer, at Kirloskar Toyoda Textile Machinery Limited, drawing salary of Rs. 6,500/- per month. On account of the grievous injuries sustained, he was hospitalized for a period of 1 1/2 months and also underwent two major surgeries and examined the Doctor, who in turn, after clinical and radiological examination has assessed 80% permanent physical disability towards whole body. The appellant is in a vegetative state and requires the assistance of an attendant to do his day to day activities, through out his life. Because of the grievous injuries and disability sustained by appellant, there is virtually no marriage prospects and he has lost the complete marital bliss. Therefore, learned counsel appearing for appellant vehemently submitted that the impugned judgment and award passed by Tribunal is liable to be modified, by enhancing reasonable compensation under all the heads.

As against this, learned counsel appearing for Insurer, Shri B.S. Umesh, inter alia contended and sought to substantiate the impugned judgment and award passed by Tribunal stating that the same is passed after due consideration of oral and documentary evidence adduced by the parties and at the first instance, a sum of Rs. 12,70,800/- towards various heads and additional compensation of Rs. 6,26,505/- towards medical expenses and conveyance, nourishing food and attendant charges has been awarded. In all, a sum of Rs. 18,97,305/- has been awarded for the grievous injuries sustained by appellant. Further, he submitted that the appellant has not produced any further evidence for further enhancement of compensation towards injury, pain and sufferings, loss of income during treatment period, loss of amenities, discomfort and unhappiness, loss of future income, loss of marriage prospects and future medical expenses. Therefore, considering the totality of the case on hand, the Tribunal has awarded just and reasonable compensation towards all the heads and hence, interference in the same is uncalled for.

After hearing learned counsel for the appellant, learned counsel appearing for Insurer and after perusal of the judgment and award passed by Tribunal, the only point that arise for our consideration in this appeal is,

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

After perusal of the entire material available on file, it emerges that, occurrence of accident at about 5:15 A.M. on the ill-fated day, i.e. 27-04-2001 and the resultant injuries sustained by the appellant are not in dispute. It is also not in dispute that, the appellant was aged about 24 years and working as a Mechanical Engineer in a reputed Company, drawing salary of Rs. 6,500/- per month. On account of the grievous injuries sustained in the road traffic accident, he took treatment as in-patient for a period of nearly one and a half months in the Hospital. He also underwent two major surgeries. To substantiate the same, he has examined the Doctor as PW 2, who after clinical and radiological examination has assessed the permanent whole body disability at 80%. The appellant, being aged about only 24 years at the time of accident, has to pull on the life with this disability for the rest of his life. As per the evidence of the Doctor, he is not in a position to do any of his work on his own and constantly requires the assistance of somebody to carry on his day to day activities. He has to be a dependent throughout the remaining part of his life. Because of the grievous injuries and disability sustained, his marriage prospects have been completely lost and cannot lead life like a normal person. He has lost all the natural accomplishments in life which a common and ordinary man is entitled and privileged to. Further, as per the evidence of the Doctor, there is no chance of improvement of his condition in future also. He is completely in a vegetative state. Therefore, we are of the considered opinion that the appellant has made out a case for further enhancement of compensation.

Earlier, the claim petition was allowed in part, by the Tribunal by its judgment and award dated 30/04/2005, by awarding compensation of Rs. 12,70,800/- under various heads along with interest at 6% per annum from the date of petition till the date of payment. Not being satisfied with the said quantum, the appellant had approached this Court, seeking enhancement of compensation in M.F.A. No. 9222/2005. This Court, after hearing both sides, allowed the appeal in part, and remanded the matter to Tribunal for fresh consideration, based on the additional evidence by permitting the appellant to produce original documents produced along with the application filed before this Court. Thereafter, the Tribunal took up the matter for reconsideration and by its judgment and award dated 27/06/2012, awarded additional compensation of Rs. 6,26,505/- towards medical expenses including conveyance, nourishing food and attendant charges and other incidental expenses. Being further not satisfied with the quantum of compensation awarded by Tribunal on two occasions, the appellant has presented this appeal, seeking further enhancement of compensation.

The Tribunal, after assessing the oral and documentary evidence available on file, considering the age, avocation, year of accident, nature and gravity of injuries sustained, permanent disability assessed by Doctor, nature and duration of treatment undergone, surgeries undergone, etc., has rightly awarded compensation of a sum of Rs. 6,26,505/- towards medical expenses, as per the medical bills and prescriptions and conveyance, nourishing food and attendant charges. Hence, interference in the same is uncalled for.

However, so far as the compensation awarded under injury, pain and sufferings, loss of amenities, discomfort and unhappiness on account of permanent physical disability, loss of future earnings and loss of marriage prospects is concerned, the same is on the lower side and needs to be re-determined. Further, the Tribunal has failed to award any compensation towards loss of income during treatment period and also future medical expenses and future attendant charges. Admittedly, in view of the road traffic accident, the appellant has sustained spinal lower rib fractures and serious abdominal injuries and continues to be in a paraplegic condition and undergone various surgeries in order to set right spinal fractures, rib fractures and treatment such as left Thoracotomy, intercostals drainage, emergency laparotomy and splenectomy for repair of liver injuries. It is stated that the appellant is restricted to the wheel chair and requires the help of an assistant to carry on his day to day activities. The Doctor, considering the nature and gravity of the injuries sustained, surgeries undergone, has assessed 80% disability towards whole body. We accept the same, to meet the ends of justice. The appellant being aged about only 24 years, has admittedly undergone lot of mental pain and agony and is deprived of the joys in life and has to endure the disability for the rest of his life. Because of the injuries sustained, he must have been away from work for a period of not less than six months during treatment period. Further, having regard to the age, avocation and the year accident, we re-assess the monthly income of the appellant at Rs. 6,500/-, to meet the ends of justice. Further, it is stated that the appellant took treatment as in-patient for quite a long period on account of the grievous injuries and surgeries. During this period, he must have definitely undergone lot of unsaid pain and agony, both physically and mentally and must have also spent reasonable sum towards conveyance, nourishing food and attendant charges apart from incidental expenses. Since the appellant was aged about 24 years at the time of accident, the proper multiplier applicable is ''18'' as per the decision of the Hon''ble Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 . Therefore, having regard to the age, avocation, nature and gravity of the injuries, permanent whole body disability, and the facts and circumstances of the case on hand, we award a sum of Rs. 2,00,000/- towards injury, pain and suffering as against Rs. 50,000/-; Rs. 39,000/- towards loss of income during treatment period, at the rate of Rs. 6,500/- per month for a period of six months; Rs. 1,50,000/- towards loss of amenities, discomfort and unhappiness on account of permanent physical disability as against Rs. 50,000/-; Rs. 1,00,000/- towards loss of marriage prospects as against Rs. 10,000/- and Rs. 11,23,200/- (i.e. Rs. 6,500/- x 12 x ''18'' x 80/100) towards loss of future income as against Rs. 10,60,800/- awarded by Tribunal and Rs. 2,00,000/- towards future medical expenses including future attendant charges, as the Tribunal has not awarded any compensation under this head. Thus, the total compensation works out to Rs. 24,38,705/- as against total compensation of Rs. 18,97,305/- awarded by Tribunal. Thus, there would be enhancement of compensation by a sum of Rs. 5,41,400/- with 6% interest per annum, from the date of petition till the date of realization.

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 27th June 2012, passed in MVC No. 3815/2001, by the IV Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore City (SCCH-6) and also the earlier judgment and award dated 30/04/2005 in M.V.C. No. 3815/2001 are hereby modified, awarding a sum of Rs. 24,38,705/- as against Rs. 18,97,305/- awarded by Tribunal, with interest at 6% per annum on the enhanced sum, from the date of petition till the date of realization. The break-up is as follows:

The second respondent/Insurance Company is directed to deposit the enhanced compensation of Rs. 5,41,400/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment.

On such deposit by the Insurance Company, a sum of Rs. 3,00,000/- with proportionate interest shall be invested in the name of the appellant, in Fixed Deposit, in any scheduled/Nationalized Bank, for a period of five years, renewable by another five years, with liberty reserved to him to withdraw the periodical interest.

Remaining sum of Rs. 2,41,400/- with proportionate interest shall be released in favour of the appellant, immediately.

Office to draw award, accordingly.