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Karnataka High Court · body

2009 DIGILAW 555 (KAR)

Chennappa v. Managing Director KSRTC

2009-07-27

H.BILLAPPA, N.K.PATIL

body2009
Judgment :- This appeal arises out of the judgment and award dated 13th February 2007 passed in M.V.C.No.1316/2006 on the file of the Motor Accident Claims Tribunal, Bangalore (SCCH-2) (‘Claims Tribunal’ for brevity), on the ground that, the compensation awarded by Claims Tribunal towards pain and sufferings and towards conveyance, nutrition and attendants and other incidental charges is inadequate. 2. The facts of the case are that, the appellant is an agriculturist by profession. That on 30th December 2005 at about 6.30 P.M. after finishing his agricultural work, the appellant was riding his bullock cart towards Arepalya on N.H.48. When he came near Kannasandra stop, a bus bearing No.KA-13/F-1215 came from the same direction and dashed against the bullock car. Due to the accident, the appellant sustained grievous injuries and both the bullocks died on the spot and the cart was completely destroyed. On account of the said motor accident, the appellant has filed the claim petition seeking compensation of Rs.08.00 lakhs against the respondent Corporation. The said claim petition had come up before the Claims Tribunal on 13th February 2007 and the Claims Tribunal, after hearing the counsel appearing for the parties, after appreciation of oral and documentary evidence and other material on file, has awarded in all, a sum of Rs.1,60,000/-with interest at 7% per annum from the date of petition till its deposit in the claims Tribunal. The appellant being dissatisfied with the amount awarded by the Claims Tribunal, has presented this appeal seeking enhancement of compensation. 3. Learned counsel appearing for the appellant contended that on account of the injury sustained by the appellant, he was admitted to the Hospital as inpatient for nearly 20 days. Learned counsel drew our attention to Ex.P2 the Wound Certificate which discloses that the appellant suffered dislocation of the ends of the femur on right side and fracture of the tibia on right side. Therefore, he submitted that the amount awarded towards pain and sufferings is inadequate and needs enhancement. Further, he submitted that the amount awarded towards conveyance, nutrition, attendants and other incidental charges is also inadequate and requires modification. He also submitted that the amount awarded towards loss of bullocks and cart is not reasonable and requires enhancement. Therefore, he submitted that the impugned judgment and award passed by the Claims Tribunal is required to be modified. 4. Further, he submitted that the amount awarded towards conveyance, nutrition, attendants and other incidental charges is also inadequate and requires modification. He also submitted that the amount awarded towards loss of bullocks and cart is not reasonable and requires enhancement. Therefore, he submitted that the impugned judgment and award passed by the Claims Tribunal is required to be modified. 4. Per contra, learned counsel for respondent Corporation, inter alia, contended and substantiated that, the impugned judgment and award passed by the Claims Tribunal is just and proper and interference by this Court is uncalled for. 5. After careful consideration of the submission of the learned counsel for the parties, after thorough evaluation of the original records available on file threadbare, including the judgment and award passed by the Claims Tribunal, the only question that arise for our consideration is. Whether the compensation awarded by the Claims Tribunal is just and proper? The undisputed facts of the case are that due to rash and negligent driving of the bus by its driver, the appellant has sustained grievous injuries and both the bullocks have died and the cart has also been completed destroyed. The appellant has been admitted to the Hospital as inpatient for nearly 20 days and he has suffered dislocation of the ends of the femur on right side and fracture of the tibia on right side. If this aspect is taken into consideration, we are of the opinion that, the Claims Tribunal is not justified in awarding only a sum of Rs.20,000/-towards pain and sufferings. Therefore, taking into consideration the wound certificate and other material, we deem it fit and appropriate to award another Rs.10,000/-which comes to Rs.30,000/-under the head pain and sufferings. 6. The Claims Tribunal is also not justified in awarding only a sum of Rs.3,000/-towards conveyance, nutrition, attendants and other incidental charges. It can be seen that the appellant has been admitted for nearly 20 days and having regard to the duration of treatment, we are of the view that the appellant would have spent considerable sum towards conveyance, nutrition, attendants and other incidental charges. Therefore, we deem it fit to award another Rs.7,000/-which totally comes to Rs.10,000/-under this head. 7. Finally, the Claims Tribunal has slipped into an error in not awarding just and reasonable sum towards loss of bullocks and cart. Therefore, we deem it fit to award another Rs.7,000/-which totally comes to Rs.10,000/-under this head. 7. Finally, the Claims Tribunal has slipped into an error in not awarding just and reasonable sum towards loss of bullocks and cart. The Claims Tribunal has awarded a sum of Rs.45,000/-towards loss of two bullocks and the cart. After careful perusal of Ex.P3-Mahazar and Ex.P7 the photographs, it is manifest that the bullocks are healthy and are of middle age. To purchase the bullocks, the appellant has to incur huge sum. So far as the compensation towards loss of the cart is concerned, the Claims Tribunal has clubbed the bullocks and the cart and awarded the compensation jointly. It can be seen that the cart has been completely destroyed and to buy a new cart, he may again require some amount. Therefore, taking into consideration all these aspects, we are of the considered opinion that it would be just and proper if we award another Rs.35,000/-which takes the total to Rs.80,000/-towards loss of two bullocks and cart. 8. Further, it can be seen that the Claims Tribunal has not awarded any compensation towards loss of amenities of life in spite of the clinching evidence available on file. As per the evidence of the Doctor, the movement of the appellant is restricted by 20 degree and the X-ray shows early O.A. changes, malunited fracture of post wall of acetabulum. Further, the Doctor has opined that the appellant has suffered disability of 40% in respect of partial body and 14% in respect of the whole body. Further, it is not in dispute that the appellant was in patient for about 20 days. Having regard to these aspects, we consider it appropriate to award a sum of Rs.10,000/-towards loss of amenities of life. 9. So far as the compensation awarded in respect of loss of future earnings and medical expenses is concerned, the same is just and proper and does not call for interference. 10. In view of the discussion made above, we deem it fit to enhance the total compensation from Rs.1,60,000/-to Rs.2,21,520/-and the breakup is as follows: 1. Towards pain and sufferings Rs.30,000/- 2. Towards Medical expenses Rs. 20,000/- 3. Towards conveyance, nutrition and Attendants charges Rs. 10,000/- 4. Towards loss of income (for two months) Rs.06,000/- 5. Towards loss of future income Rs.65,520/- 6. Towards loss of two bullocks & cart Rs.80,000/- 7. Towards pain and sufferings Rs.30,000/- 2. Towards Medical expenses Rs. 20,000/- 3. Towards conveyance, nutrition and Attendants charges Rs. 10,000/- 4. Towards loss of income (for two months) Rs.06,000/- 5. Towards loss of future income Rs.65,520/- 6. Towards loss of two bullocks & cart Rs.80,000/- 7. Towards loss of amenities of life Rs.10,000/- Total Rs.2,21,520/- 11. 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 passed by the Claims Tribunal dated 13th February 2007 in M.V.C.No.1316/2006 is modified by awarding total compensation of Rs.2,21,520/-instead of Rs.1,60,000/-(enhancement being Rs.61,520/-) with interest at the rate of 7% per annum from the date of petition till the date of realization. The respondent Corporation is directed to deposit the enhanced compensation with accrued interest at 7% within a period of eight weeks from today. On deposit of such sum by the Corporation, the Claims Tribunal is directed to release the said sum in favour of the appellant, forthwith. Draw up the award accordingly.