Yamanappa and Others vs Chetak Logistics Limited and Others

P.D. Waingankar, J—All these appeals are arising out of the common judgment and award dated 14.12.2011 in MVC Nos. 265/2005, 264/2005, 260/2005, 259/2005 and 258/2005 on the file of the MACT-V, Bijapur. Therefore, they are disposed of by common judgment.

The claimant in MVC No. 265/2005 - Yamanappa S/o. Ramanna, MVC No. 364/2005-Kastunbai W/o. Pundalikappa, MVC No. 260/2005 Kastunbai W/o. Shivanand, MVC No. 259/2005-Sunanda, MVC No. 258/2005-Mallappa and others were proceeding on 11.02.2004 at about 11.30 p.m. on a Tractor bearing registration No. KA-28/T-3740 in order to attend the funeral ceremony. When the tractor reached Almatti Krishna River bridge a lorry bearing registration No. HR-38/J-6029 came from the opposite direction in a rash and negligent manner and dashed against the tractor, as a result the aforesaid claimants and others sustained grievous injuries for which they were treated in District Hospital Bijapur. They spent substantial amount for treatment. They lost their income during the period of treatment and they suffered disability. Therefore, claiming compensation they filed claim petitions under Section 166 of M.V. Act. All the claim petitions were opposed by the insurer of the lorry. They came up for consideration before the tribunal before whom these claimants viz. Yamanappa S/o. Ramanna, Kastunbai W/o. Pundalikappa, Kastunbai W/o. Shivanand, Sunanda and Mallappa were examined as PWs. 9, 8, 2, 1 and 3 respectively. Their wound certificates and disability certificates were also marked. The tribunal on appreciation of the evidence while answering issue regarding negligence in favour of the claimants ordered the compensation. All the claimants are not satisfied with the quantum of compensation awarded by the tribunal. Therefore, they have filed these appeals.

I have heard both the learned counsel for the appellants/claimants and the respondent insurance company. Perused the records.

This MFA No. 31612/2012 is against the judgment and award passed MVC No. 265/2005, the claim petition filed by Yamanappa S/o. Ramanna who was examined as PW-9 before the tribunal, Ex. P. 26 is the wound certificate of Yamanappa. It discloses old malunited fracture of 2nd 3rd 4th ribs on left side, injury to occipital region, injury to both the knees. He was treated as in-patient in District Hospital, Bijapur, from 12.02.2004 to 13.02.2004.

Having regard to the nature of injuries, the tribunal awarded a sum of Rs. 20,000/- towards injury, pain and suffering, which appears to be reasonable. The tribunal has taken the income of the injured as Rs. 3,000/- per month. Since the accident occurred in the year 2004, it is just and proper on my part to take the income @ Rs. 3,500/- per month. In that case the loss of future earning on account of disability comes to Rs. 25,000/-. So an amount of Rs. 25,000/- has been awarded towards loss of future earning capacity as against Rs. 17,610/-.

Further the tribunal has not awarded any amount towards attendant and conveyance charges. As such a sum of Rs. 3,000/- is awarded towards attendant and conveyance charges.

Thus, the claimant/Yamanappa S/o. Ramanna has been held to be entitled for a total compensation under the various heads as under:

Thus the claimant in MVC No. 265/2005 has been held to be entitled for a compensation of Rs. 68,000/- as against Rs. 57,610/- awarded by the tribunal. There shall be enhancement of Rs. 10,390/-.

MFA No. 31611/2012 is against the judgment and award passed in MVC No. 264/2005 by the claimant Smt. Kastunbai W/o. Pundalikappa. Ex. P-25 is the wound certificate issued by District Hospital, Bijapur. It discloses that she sustained fracture of pubic bone of right side for which she was treated as in-patient for about 10 days in District Hospital, Bijapur.

The tribunal has awarded a total compensation of Rs. 67,000/- taking her income as Rs. 1,500/- per month. I am inclined to take her income @ Rs. 3,500/- per month. Having regard to the fact that the accident occurred in the year 2004, the tribunal has awarded a sum of Rs. 27,000/- towards loss of future earning capacity by taking 10% of disability spoken by Dr. A.A. Magi. If the income is taken @ 3,500/- the loss of future earning on account of disability comes to Rs. 63,000/- as against Rs. 27,000/- awarded by the tribunal. The amount awarded by the tribunal towards injury, pain and suffering seems to be reasonable.

Further, the amount awarded by the tribunal towards loss of amenities is on the lower side. So an amount of Rs. 15,000/- is awarded towards loss of amenities. The tribunal has not awarded any amount towards attendant and conveyance charges. So an amount of Rs. 15,000/- is awarded towards attendant and conveyance charges. Since she had fracture of pubic bone, she must have been prevented from attending to her work for a period of two months thereby she lost her income. So an amount of Rs. 7,000/- is awarded towards the loss of earning during the period of treatment.

Thus, the claimant/Kastunbai W/o. Pundalikappa in MVC No. 264/2005 is held to be entitled for a total compensation under the various heads as under:

Thus the claimant has been held to be entitled for a total compensation of Rs. 1,20,000/- as against Rs. 67,000/- awarded by the tribunal. There shall be enhancement of Rs. 53,000/-.

MFA No. 31610/2012 is against the judgment and award passed in MVC No. 260/2005 a petition filed by the claimant Smt Kastunbai W/o. Shivanand. Ex. P-15 is the discharge card issued by Kerudi Hospital, Bagalkot. It reveals that she sustained fracture of acetabular of right side, pelvis with both hip joints, fracture of fibula, fracture of sacrum and injury over forehead. She was admitted as in-patient from 19.03.2004 to 18.04.2004 at Kerudi Hospital, Bagalkot. Thereafter, she was treated at Duggani Hospital, Hubli. PW-9/Dr. A.A. Magi has spoken about 30% to 35% disability suffered by her. The tribunal has taken 10% disability of the whole body and income @ Rs. 1,500/- per month and awarded a compensation of Rs. 84,800/-.

The tribunal has awarded a sum of Rs. 25,000/- towards injury, pain and suffering. Since she had fracture of acetabular of right side, pelvis with both hip joints, fracture of fibula, fracture of sacrum and head injury for which ten stitches were put, the amount of Rs. 25,000/- awarded by the tribunal is on the lower side. The ends of justice will be met if an amount of Rs. 40,000/- is awarded towards injury, pain and suffering as against Rs. 25,000/- awarded by the tribunal.

The tribunal has taken 10 % disability and by taking her income as Rs. 1,500/- per month awarded a compensation of Rs. 28,800/- towards loss of future earning capacity. If the income is taken as Rs. 3,500/- per month the loss of future income on account of disability comes to Rs. 67,200/-. So an amount of Rs. 67,200/- is awarded towards loss of future earning capacity as against Rs. 28,800/- awarded by the tribunal.

Further, the tribunal has awarded a sum of Rs. 10,000/- towards loss of amenities which is also on the lower side. I am inclined to award a sum of Rs. 20,000/- towards loss of amenities.

The tribunal has not awarded any amount towards loss of earning during the period of treatment. Having regard to the nature of injuries suffered by her, she must have been incapacitated from attending to her work for a period of three months and thereby she lost her income for a period of three months. So an amount of Rs. 10,500/- is awarded towards loss of earning during the period of treatment. The amount awarded under other heads seems to be reasonable.

Thus, the claimant/Kastunbai W/o. Shivanand in MVC No. 260/2005 is held to be entitled for a total compensation under the various heads as under:

Thus the claimant has been held to be entitled for a compensation of Rs. 1,58,700/- as against Rs. 84,800/- awarded by the tribunal. There shall be enhancement of Rs. 73,900/-.

MFA No. 31609/2012 is against the judgment and award passed in MVC No. 259/2005 a petition filed by the claimant Sunanda D/o Kanyappa. Ex. P-13 is the wound certificate reveals that she sustained fracture of femur. She was admitted and treated as in-patient in District Hospital, Bijapur, for two days. Thereafter, she was treated in Al-Ameen Medical Hospital, Bijapur. The tribunal by taking 10% disability of the whole body and income as Rs. 1,500/- per month determined the loss of dependency to the tune of Rs. 25,200/-. If the income is taken @ Rs. 3,500/- per month, the loss of future income on account of disability would comes to Rs. 58,800/-. So an amount of Rs. 58,800/- has been awarded towards loss of future earning capacity as against Rs. 25,200/-.

Since she sustained fracture of femur, an amount of Rs. 20,000/- awarded towards injury, pain and suffering is on the lower side. So an amount of Rs. 25,000/- would be just compensation under the head injury, pain and suffering.

Further, the tribunal has awarded a sum of Rs. 10,000/- loss of amenities, which is also on the lower side. I am inclined to award a sum of Rs. 20,000/- towards loss of amenities as against Rs. 10,000/- awarded by the tribunal. The compensation awarded towards loss of expectation of life, conveyance and medical expenses is reasonable and it does not call for interference.

Further, the tribunal has not awarded any compensation towards loss of earning during period of treatment. Since she had fracture of femur bone, definitely she must have been prevented from attending to her work for a minimum period of three months and thereby she lost her income. So an amount of Rs. 10,500/- has been awarded towards loss of earning during the period of treatment.

So, the claimant/Sunanda D/o Kanyappa in MVC No. 259/2005 is held to be entitled for a total compensation under the various heads as under:

Thus the claimant has been held to be entitled for a total compensation of Rs. 1,41,300/- as against Rs. 82,200/- awarded by the tribunal. There shall be enhancement of Rs. 59,100/-.

MFA No. 31608/2012 is against the judgment and award passed in MVC No. 258/2005 a petition filed by the claimant Mallappa. Ex. P-13 the wound certificate, reveals that he had fracture of 1/3rd of left fibula, fracture of left shoulder and clavicle bone. He was treated in District Hospital, Bijapur, as inpatient. PW. 12/Dr. A.A. Magi, has spoken that he suffered disability of 15% to 20%. The tribunal has taken 5% of the whole body and income @ Rs. 3,500/- per month and determined a total compensation of Rs. 52,600/-. If his income @ Rs. 3,500/- is taken the loss of future income on account of 5% disability would comes to Rs. 14,700/- as against Rs. 12,600/- awarded by the tribunal.

Since, he had fracture of left fibula, fracture of left shoulder and clavicle bone, he has been awarded a sum of Rs. 25,000/- towards injury, pain and suffering as against Rs. 20,000/- awarded by the tribunal.

Further, he is entitled for a sum of Rs. 15,000/- towards loss of amenities as against Rs. 10,000/- awarded by the tribunal. The compensation awarded towards loss of expectation of life seems to be reasonable.

The tribunal has not awarded compensation under the head attendant and conveyance charges and loss of earning during the period of treatment. So an amount of Rs. 5,000/- is awarded under the head attendant and conveyance charges and Rs. 10,000/- under the head loss of earning during the period of treatment.

Thus, the claimant/Mallappa S/o. Gurupadappa in MVC No. 258/2005 is held to be entitled for a total compensation under the various heads as under:

Thus the claimant has been held to be entitled for a total compensation of Rs. 79,700/- as against Rs. 52,600/- awarded by the tribunal. There shall be enhancement of Rs. 27,100/-.

Accordingly, I pass the following:

ORDER

The appeals are partly allowed. The common judgment and award dated 14.12.2011 in MVC Nos. 265/2005, 264/2005, 260/2005, 259/2005 and 258/2005 on the file of the MACT-V, Bijapur, stands modified.

The appellants/claimants have been awarded enhanced compensation of Rs. 10,390/- in MVC No. 265/2005, Rs. 53,000/- in MVC No. 264/2005, Rs. 73,900/- in MVC No. 260/2005, Rs. 59,100/- in MVC No. 259/2005 and Rs. 27,100/- in MVC No. 258/2005 over and above the compensation awarded by the Tribunal together with 6% thereon from the date of petition till the date of realization.

The respondent No. 2 - Insurance Company is directed to deposit the enhanced compensation amount within a period of two months from the date of receipt of a copy of the order.

In the event of deposit, the entire compensation shall be released to the respective claimants.