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2009 DIGILAW 936 (KAR)

S. Santhosh v. Munigowda

2009-12-01

B.SREENIVASE GOWDA, N.K.PATIL

body2009
Judgment : This appeal is directed against the common judgment and award dated 17.10.2005 passed in MVC No.2790 of 2004 by the learned XVI Additional Judge, and Motor Accident Claims Tribunal, Bangalore City (hereinafter referred to as ‘Tribunal’ for short). 2. By its judgment and award, the Tribunal has awarded a sum of Rs.83,000/-with interest at 8% p.a., from the date of petition till the date of realization as against the claim made by the appellant for a sum of Rs.5,00,000/-. Being aggrieved by the said judgment and award, appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate. 3. In brief the facts of the case are: The appellant is claiming that he is aged about 23 years and Silver Polisher and earning Rs.5,500/-per month. That on 27.3.2004 at about 04.30 p.m., the appellant along with his friend was proceeding as a pillion rider in a Kinetic Honda bearing No. CTM 5421 from Srirampuram towards his residence and when they reached near J.J. Junction on Binny Tank Bund road, at that time, a Tata Sumo bearing No.Ka.02.AA.1238 came from J.J.R. Nagar at high speed in a rash and negligent manner and dashed against their Kinetic Honda and due to which, appellant sustained grievous injuries and taken treatment as inpatient in KIMS hospital. On account of the injuries sustained by the appellant in the said accident, he has filed a claim petition before the Tribunal claiming compensation of Rs.5,00,000/-. The said claim petition had come up for consideration before the Tribunal on 17.10.2005. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs.83,000/-as compensation under different heads with interest at 8% p.a., from the date of petition till the date of realization. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement of compensation. 4. We have heard the learned Counsel appearing for appellant and learned Counsel appearing for second respondent. 5. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement of compensation. 4. We have heard the learned Counsel appearing for appellant and learned Counsel appearing for second respondent. 5. After perusal of the material available on record, including the judgment and award passed by the Tribunal, it is not in dispute that, in the accident which occurred on 27.03.2004 at about 4.30 p.m., the appellant has sustained fracture of medial tibia with vascular compression and punctured wound on left ankle joint and taken treatment as inpatient from 20.08.2004 to 03.04.2004 and undergone operation and implants were inserted. During the said period he might have undergone pain and agony. The Tribunal has awarded a sum of Rs.25,000/-towards pain and sufferings and the same is inadequate and requires to be modified, having regard to the nature of the injuries sustained, the nature and duration of the treatment taken by the appellant. Therefore, we deem it fit to award a sum of Rs.30,000/-instead of Rs.25,000/-awarded by the Tribunal and accordingly, it is awarded. 6. The Tribunal has awarded a sum of Rs.3,000/-towards conveyance, nourishing food and attendant charges and the same is inadequate and requires to be modified. It is not in dispute that due to the injuries sustained by the appellant in the accident, he has taken treatment as inpatient, underwent surgery and during the said period he might have spent some reasonable amount towards conveyance and other incidental charges. Therefore, taking all these factors into consideration, we deem it fit to award a sum of Rs.5,000/-towards conveyance, nourishing food and attendant charges instead of Rs.3,000/-awarded by the Tribunal and accordingly, it is awarded. 7. The Tribunal has awarded a sum of Rs.15,000/-towards loss of amenities and the same is inadequate and needs to be enhanced. It is not in dispute that the appellant has taken treatment as inpatient and underwent surgery. In view of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. The Doctor has assessed the disability at 30% to the left lower limb and 10% to the whole body and he was aged about 23 years at the time of accident and he has to suffer this discomfort through out his life. In view of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. The Doctor has assessed the disability at 30% to the left lower limb and 10% to the whole body and he was aged about 23 years at the time of accident and he has to suffer this discomfort through out his life. Therefore, having regard to the nature of the injuries sustained, nature and duration of the treatment taken by the appellant and also taking into consideration the permanent disability suffered by him, which he has to suffer throughout his life, we deem it fit to award a sum of Rs.35,000/-towards loss of amenities instead of Rs.15,000/-awarded by the Tribunal and accordingly, it is awarded. 8. So far as the amount awarded by the Tribunal towards loss of income during the period of treatment and towards medical expenses is concerned, the same is just and reasonable and it does not call for interference. 9. Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified. The total compensation payable comes to Rs.1,10,000/-and the break up is as follows: 1. Towards pain and sufferings Rs.30,000/- 2. Towards loss of amenities Rs.35,000/- 3. Towards conveyance, nourishing food and attendant charges Rs. 5,000/- 4. Towards loss of medical expenses Rs.31,000/- 5. Towards loss of income during the Period of treatment Rs. 9,000/- Total Rs.1,10,000/- 10. Accordingly, the appeal is allowed in part and the impugned judgment and award passed by the Claims Tribunal in MVC No.2790 of 2004 stands modified, granting a compensation of Rs.1,10,000/-instead of Rs.83,000/-(enhancement being Rs.27,000/-). The enhanced compensation shall carry interest at 6% p.a., from the date of petition till its realization. The second respondent-Insurance Company is directed to deposit the compensation amount with interest, within four weeks from the date of receipt of the copy of this judgment and award. The enhanced amount of Rs.27,000/-with interest shall be released in favour of the appellant, immediately, on deposit by the Insurance Company. Draw the award, accordingly.