Research › Search › Judgment

Karnataka High Court · body

2010 DIGILAW 151 (KAR)

Prashantha Shetty v. Durgamba Motors, Represented by its Partner, Udupi District

2010-02-05

B.SREENIVASE GOWDA, N.K.PATIL

body2010
Judgment :- 1. The appeal by the claimant is directed against the judgment and award dated 30th November 2005, passed in M.V.C. No. 460/2000 on the file of the Principal Civil Judge (Senior Division). Motor Accident Claims Tribunal-Versus, Bangalore Rural District, Bangalore, (for short, ‘Tribunal’) for enhancement of compensation on the ground that, the compensation of Rs. 5,09,000/- awarded in favour of the claimant as against his claim for Rs. 28,98,986/-, is inadequate. 2. The appellant claims to be aged about 22 years, working as Manager in a Hotel, and getting salary of Rs. 4,000/- per month. That on 25-04-1999, at about 9:45 P.M., when the appellant was traveling in a bus bearing Registration No.KA-20/A-9000, belonging to M/s. Durgamba Motors, to go from Bangalore towards Kundapura, the driver of the said bus drove the same in a rash and negligent manner and dashed against the tree situate at the side of the road. Due to the impact, the appellant fell down and sustained injuries to his leg and left maxilla. He was immediately admitted as in-patient at Sanjaya Gandhi Hospital from 26-04-1999 to 11-05-1999. Thereafter, he has taken follow-up treatment in another Hospital and has spent reasonable amount towards conveyance, nourishing food and attendant charge including the medical expenses. 3. On account of the 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. 28,98,986/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 30th November 2005. 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. 5,09,000/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation. 4. We have heard learned counsel for appellant and learned counsel for Insurance Company. 5. 5,09,000/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation. 4. We have heard learned counsel for appellant and learned counsel for Insurance Company. 5. After hearing the learned counsel for the parties and after perusal of the judgment and award passed by Tribunal, the only point that arises for our consideration in this appeal is as to: “Whether the Tribunal has awarded just and reasonable compensation?” The occurrence of accident and the resultant injuries sustained by the appellant are not in dispute. It is also not in dispute that he was admitted as in-patient, twice, for a total period of 27 days in the Hospital. Having regard to the facts and circumstances of the case, we are of the considered opinion that the Tribunal is justified in awarding a sum of Rs, 1,00,000/- towards pain and sufferings, Rs, 30,000/- towards medical expenses, conveyance, nourishing food and attendant charges and a sum of Rs. 15,000/- towards loss of income during laid up period. Therefore, interference in the same is uncalled for. 6. However, the Tribunal erred in awarding only a sum of Rs. 25,000/- towards loss of amenities on account of permanent disability, discomforts and future unhappiness and marriage prospects. The said compensation is inadequate and requires enhancement for the reason that the appellant has sustained grievous injuries to the left leg and the said leg is amputated below knee and has taken treatment in two Hospitals and undergone a surgery. The Doctor has assessed the permanent disability in respect of left lower limb at 80% and 40% in respect of the whole body. The said disability would definitely come in the way of his day to day activities and also his marriage prospects. Therefore, having regard to all these aspects, we award a sum of Rs. 75,000/- towards loss of amenities on account of disability as against Rs. 25,000/- awarded by Tribunal. 7. Further, the Tribunal also erred in awarding Rs. 3,24,000/- towards loss of future income. The Tribunal has rightly assessed the monthly income of the appellant at Rs. 3,000/- and we accept the same. It has also adopted the correct multiplier of ‘18’ which calls no interference by us. 25,000/- awarded by Tribunal. 7. Further, the Tribunal also erred in awarding Rs. 3,24,000/- towards loss of future income. The Tribunal has rightly assessed the monthly income of the appellant at Rs. 3,000/- and we accept the same. It has also adopted the correct multiplier of ‘18’ which calls no interference by us. However, it has erred in assessing the disability at 50%. The Doctor has assessed the disability in respect of left lower limb at 80%. Having regard to the nature of injuries sustained by appellant and his age and avocation, we re-assess the whole body disability at 60% and determine the compensation towards loss of future income at Rs. 3,88,800/- (i.e., Rs. 3,000/- x 12 x 18 x 60/100) and award the same. 8. Further, the Tribunal has erred to awarding only a sum of Rs. 15,000/- towards future medical expenses. It can be seen that, the left leg of the appellant has been amputated below knee and it requires future frequent checkups and further treatment and may even have to spend some sum towards artificial limb and other accessories. Therefore, having regard to all these aspects, we deem it fit to award a sum of Rs. 25,000/-toward future medical expenses, as against Rs. 15,000/-awarded by Tribunal, to meet the ends of justice. 9. 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 30th November 2005, passed in M.V.C. No. 460/2000, on the filed of the Principal Civil Judge (Senior Division). Motor Accident Claims Tribunal-V, Bangalore Rural District, Bagalore, is hereby modified, awarding a sum of Rs. 6,33,800/- as against Rs, 5,09,000/- awarded by the 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: Towards pain and sufferings Rs. 1,00,000/-Towards Loss of amenities & enjoyment in life, discomforts and future unhappiness Rs. 75,000/-Towards Medical Expenses and conveyance, nourishing food and attendant charges Rs. 30,000/-Towards future medical expenses RS. 25,000/-Towards Loss of earning during treatment period RS. 15,000/-Towards loss of future income Rs. 3,88,800/-Total Rs. 6,33,800/- The Insurance Company is directed to deposit the enhanced compensation of Rs. 1,24,800/-, with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment and award. 30,000/-Towards future medical expenses RS. 25,000/-Towards Loss of earning during treatment period RS. 15,000/-Towards loss of future income Rs. 3,88,800/-Total Rs. 6,33,800/- The Insurance Company is directed to deposit the enhanced compensation of Rs. 1,24,800/-, with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment and award. Immediately on such deposit by the Insurance Company, out of the enhanced compensation of Rs. 1,24,800/-, a sum of Rs. 1,00,000/-with proportionate interest shall be kept in Fixed Deposit in the name of the appellant, in any Nationalized or Scheduled Bank, for a period of five years and renewable by five years with liberty reserved to him to withdraw the periodical interest on such deposit. The remaining sum of Rs. 24,800/-with proportionate interest shall be released in favour of the appellant. Office to draw award, accordingly.