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Karnataka High Court · body

2009 DIGILAW 632 (KAR)

K. H. Ashoka v. Srinivas

2009-08-13

H.BILLAPPA, N.K.PATIL

body2009
Judgment :- (This MFA is filed U/S.173(1) of MV Act against the judgment & award dated 23/1/2006 passed in MVC.No.6621/2003 on the file of the IX Addl.Judge, Member, MACT-7, Court of Small Causes, Bangalore, (SCCH.No.7), partly allowing the claim petitione for compensation and seeking enhancement of compensation.) This appeal is directed against the judgment and award dated 23/1/2006 passed in MVC.No.6621/2003 on the file of Motor Accidents Claims Tribunal (‘Claims Tribunal’ for short). The Claims Tribunal by its judgment and award, awarded a sum of Rs.2,10,000/-with 6% interest from the date of petition till the date of its realization. The appellant has presented this appeal on the ground that the amount awarded by the Claims Tribunal is inadequate and he is entitled for enhancement of compensation. 2. The appellant claims that he is working as Head Constable. That on 20/9/2003 at about 7.45 p.m., appellant along with P.S.I Thimma Bovi had been to a Ganesha function near Bangarappa Nagara at Javarayana Doddi Main Road junction, Bangalore. At that time when he was doing his duty standing by the side of the road, the driver of the lorry bearing No.CNE 4288 came in a high speed and in a rash and negligent manner and dashed against the petitioner, as a result of which, the appellant fell down and the lorry ran over his left food and sustained severe grievous injuries. On account of the injuries sustained in the accident occurred on 20/9/2003, the appellant filed a claim petition seeking compensation of Rs.8 laksh against the respondents. The said case had come up before the Claims Tribunal. The Claims Tribunal after revaluation of the documentary evidence and other relevant material on record, allowed the claim petition and awarded sum of Rs.2,10,000/- with interest at 6% per annum from the date of petition till the date of realization. 3. Being aggrieved, the appellant herein has presented the instant appeal claiming enhancement of compensation on the ground that the amount awarded by the Claims Tribunal is inadequate and the Claims Tribunal has not awarded any compensation under the head ‘pain and suffering’, ‘medical expenses’ and ‘loss of amenities in life’. 4. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the second respondent – Insurance Company. 5. 4. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the second respondent – Insurance Company. 5. The principal submission canvassed by the learned counsel appearing for the appellant, at the outset, is that the Tribunal has awarded only Rs.20,000/- towards ‘pain and suffering’, which is inadequate. He submitted that appellant was admitted for 15 days as inpatient and has taken follow up treatment since he sustained injuries up to 54% to the right lower limb and 24% to the whole body. If this fact is taken into consideration, the Claims Tribunal has not awarded just and reasonable compensation. It is further submitted that the Claims Tribunal has awarded Rs.One lakh towards medical bills, which is contrary to the bills submitted by the appellant for a sum of Rs. 1,11,396/- as per Ex.P.18(1 to 152). Therefore, it needs enhancement. Further, he submitted that amount of Rs.10,000/- awarded towards ‘loss of amenities’ is inadequate and needs enhancement. Therefore, he submitted that the judgment and award passed by the Claims Tribunal is liable to be modified. 6. Per Contra, the learned counsel appearing for the second respondent-Insurance Company, inter alia, contended and substantiated that, the judgment and award passed by the Claims Tribunal is just and proper and interference by this Court is not called for. He fairly submitted that matter requires enhancement under the head ‘pain and suffering’, ‘medical expenses’, ‘loss of amenities’ and ‘future prospects’. 7. After hearing the learned counsel appearing for the appellant and the learned counsel appearing for the second respondent-Insurance Company and after taking into consideration the rival contentions of both the counsel and after careful perusal of the judgment and award passed by the Claims Tribunal, the only question that arises for our consideration is, whether the amount awarded by the Claims Tribunal towards ‘pain and suffering’, ‘medical expenses’, ‘loss of amenities’ and ‘future prospects’ is just and proper? 8. After careful consideration of the submissions made by the learned counsel appearing for both the parties, on perusal of the judgment and award passed by the Claims Tribunal and after perusal of the material on record, what is emerges is that the appellant met with an accident on 20/9/2003. 8. After careful consideration of the submissions made by the learned counsel appearing for both the parties, on perusal of the judgment and award passed by the Claims Tribunal and after perusal of the material on record, what is emerges is that the appellant met with an accident on 20/9/2003. He sustained injuries on elbow over the left foot and lateral aspect and crush injury over the left foot exposing the left heel and sole and a surgery was conducted on 20/9/2003 for debridement neurovascular bundle repair, K Wire fixation of mid tarsal joint and later operated for skin grafting on 23/9/2003. Again due to severe pain, he was admitted to Hosmat Hospital on 22/10/2003 as inpatient for a period of 15 days. Taking into consideration the nature of the injuries sustained by the appellant as referred to above and that surgery was conducted, the Claims Tribunal ought to have awarded just and reasonable compensation. Taking into consideration the totality of the case on hand as referred to above, we thought it fit to award Rs.40,000/- towards ‘pain and suffering’ instead of Rs.25,000/- awarded by the Claims Tribunal. Accordingly, we award a sum of Rs.40,000/- towards ‘pain and suffering’. 9. It is the case of the appellant that he has produced the medical bills to the tune of Rs.1,11,390/- as per Ex.P.18 (1 to 152) and 68 prescriptions Ex.P.19 (1 to 68) and 4 cash bills from Bellur Travels as per Exs.P20 to P.23. With this clinching material available on record, the Claims Tribunal ought to have accepted the same and awarded the said amount. Instead of that, Claims Tribunal has awarded a sum of Rs.One lakh without giving any valid reasons. Therefore, the said amount awarded by the Claims Tribunal is not just and reasonable. Accordingly, we award a sum of Rs.1,12,000/-towards ‘medical expenses’. 10. Towards the ‘loss of amenities’, the Claims Tribunal has awarded Rs.10,000/-. The said amount awarded is inadequate and needs to be enhanced. Therefore, the said amount awarded by the Claims Tribunal is not just and reasonable. Accordingly, we award a sum of Rs.1,12,000/-towards ‘medical expenses’. 10. Towards the ‘loss of amenities’, the Claims Tribunal has awarded Rs.10,000/-. The said amount awarded is inadequate and needs to be enhanced. Taking into consideration that the appellant has sustained injury, as assessed by the doctor at 54% to the left lower limb and 24% to the whole body and further it emerges from the evidence that appellant has sustained crush injury over the left foot, he was treated for the same in Hosmat Hospital and as per the discharge summary it is seen that the appellant was treated as an inpatient from 20/9/2003 to 26/9/2003 and due to the injuries sustained to the left foot, he has got permanent disability and discomfort throughout his life. It is not disputed that appellant being a Head Constable by profession, due to the injuries sustained as referred to above, he has to suffer discomfort throughout his life and this affects his future career and he will not be in a position to do the work as he was doing earlier and whenever .. his services are required, he will not be in a position to get ready and proceed further on his duty, since his original strength will not be restored due to the injuries sustained in the accident. Keeping this fact into consideration, we are of the considered view that the appellant has made out a case for awarding just and reasonable compensation. Accordingly, we award a sum of Rs.45,000/- towards ‘loss of amenities and future prospects’. 11. The Claims Tribunal has committed an error by not awarding any amount towards ‘future medical expenses’. In view of the nature of the injuries sustained by the appellant and for having undergone surgery, he might have to spend some amount towards future medical expenses. Taking into consideration the nature of injuries sustained, it is just and proper to award a sum of Rs.10,000/- towards ‘future medical expenses’. Accordingly, we award a sum of Rs.10,000/- towards ‘future medical expenses’. 12. So far as the amount awarded by the Claims Tribunal Under the other heads, we find that it is just and reasonable and does not require enhancement. 13. Accordingly, we award a sum of Rs.10,000/- towards ‘future medical expenses’. 12. So far as the amount awarded by the Claims Tribunal Under the other heads, we find that it is just and reasonable and does not require enhancement. 13. Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award is modified and the compensation is awarded as under: Table 14. Accordingly, the appeal filed by the appellant is allowed. The judgment and award dated 23/1/2006 passed by the Claims Tribunal in MVC.No.6621/2003 is hereby modified, holding that the appellant is entitled to compensation of Rs.2,82,000/-, instead of Rs.2,10,000/- awarded by the Claims Tribunal (Total enhancement being Rs.72,000/-) along with interest at 6% per annum from the date of petition till the date of realization. The second respondent-Insurance Company is directed to deposit the said amount with interest before the Claims Tribunal within six weeks from the date of receipt of a copy of this judgment. Out of the enhanced amount, 50% shall be deposited in any Nationalised Bank or scheduled Bank for a period of 5 years. The appellant is entitled to withdraw the accrued interest. Remaining 50% of amount with interest shall be released in favour of the appellant immediately. Office is directed to draw up the award accordingly.