Judgment :- 1. This appeal by the claimant is directed against the impugned judgment and award dated 15.6.2006 passed in MVC No.26/2002 on the file of the Addl. District Judge & MACT, Chikmagalur (for short, ‘Tribunal’). The Tribunal by its impugned judgment and award, awarded compensation of Rs. 1,70,000/- with interest at 6% p.a. from the date of petition till the date of realisation, on account of injuries sustained by the claimant in road traffic accident, on the ground that the quantum of compensation awarded by the Tribunal is adequate and requires enhancement. 2. The brief facts of the case are that: the claimant was aged about 20 years and was prosecuting her studies. She was hale and healthy prior to the accident. When things stood thus, on 29.11.2001, the appellant after completing her classes at Chikmagalur was proceeding to her house on Chikmagalur-Mallandur road and when she was going at Indavara village, the driver of the lorry bearing No.MYX-7356 drove the same in rash and negligent manner with high speed and dashed against the appellant & due to the impact, she fell down and sustained the following injuries:- 1. Swelling and tenderness over middle of left thigh. 2. Tenderness over the right leg at its middle. 3. Tenderness over the public region of pelvis. 4. Tenderness over left hip. As per the evidence of the Doctor, the injuries sustained by the appellant are all grievous in nature and they are all fracture injuries to her right pelvis, fracture of left Acetabulum, left shaft femur, fracture of both bones etc., On account of said injuries, the claimant has undergone treatment in hospital for a period of two months on different dates and she has undergone surgeries also. 3. It is the case of the appellant that she has spent considerable amount towards “medical expenses, conveyance, nourishing food and attendant charges” etc., and as per the evidence of Doctor-PW-3, the claimant has no chance of getting back to her original position and she has also sustained permanent disability to her left waist and pelvis and she cannot marry and bear children as she has sustained the above injuries in the accident. Taking all these relevant factors into consideration, she filed claim petition under Section 166 of M.V. Act claiming compensation of Rs 10.00 lakhs against the respondents. Said matter had come up for consideration before the Tribunal.
Taking all these relevant factors into consideration, she filed claim petition under Section 166 of M.V. Act claiming compensation of Rs 10.00 lakhs against the respondents. Said matter had come up for consideration before the Tribunal. The Tribunal in-turn, after considering the oral evidence of PWs-1 to 3 and documentary evidence at Exs-P1-P38, avocation and nature of injuries sustained, allowed the claim petition in part, awarding compensation of Rs.1,70,000/-. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal seeking enhancement of compensation. 4. The submission of the learned counsel for the appellant at the outset is that the Tribunal has erred in not awarding reasonable compensation under the heads “injury, pain and suffering”, “loss of amenities, disability, discomfort and unhappiness”, “future medical expenses” and “marriage prospects”. He has specifically contended in the memorandum of appeal that the Tribunal has failed to award any compensation under the heads “conveyance, nourishing food, attendant charges”, “loss of education for one academic year” and “loss of future income”. Learned counsel for the appellant further submits that the appellant is not in a position to lead life on par with others i.e., she cannot enjoy marital life and she is not in position to give birth to a child, she is nothing but a dead wood and a burden to her parents throughout her life. This relevant aspect has not been looked into nor considered by the Tribunal and therefore, the impugned judgment and award is liable to be modified by enhancing just and reasonable compensation. 5. As against this, learned counsel appearing for the 3rd respondent insurer interalia tried to substantiate the judgment and award passed by the Tribunal and contended that the Tribunal has rightly awarded the compensation taking into consideration the age, avocation and nature of injuries towards “injury, pain and sufferings”, “medical expenses”, “loss of marriage prospects”, “future medical expenses” and “loss of amenities”. But, after going through the records, he fairly submits that the Tribunal has erred in not awarding compensation under the heads “conveyance, nourishing food, attendant charges”, “loss of education for one academic year” and “loss of future income” and therefore, the same may be considered in accordance with law. 6.
But, after going through the records, he fairly submits that the Tribunal has erred in not awarding compensation under the heads “conveyance, nourishing food, attendant charges”, “loss of education for one academic year” and “loss of future income” and therefore, the same may be considered in accordance with law. 6. After careful consideration of the grounds urged by the appellant in the memorandum of appeal and after hearing learned counsel appearing for the insurer and after evaluation of the oral and documentary evidence and after perusal of the impugned judgment and award, the point that arises for consideration in this appeal is:- “Whether the quantum of compensation awarded by the Tribunal is just and reasonable”? 7. The occurrence of accident and resultant injuries sustained by the claimant in road traffic accident are not in dispute. Further, it is not in dispute that the appellant was aged about 20 years and she was a student prosecuting her studies. On the date of the accident, the appellant after completion of her classes was proceeding to her house on Chikmgalur-Mallandur road. At that point of time, due to rash and negligent driving by the driver of the offending vehicle i.e., lorry, she fell down and sustained injuries as referred above, on account of which, she has undergone treatment in the hospital for a period of 23 days on different dates and she also has undergone surgery and skin grafting has been done on her left leg and thigh. As per the evidence of Doctor-PW-3, the claimant has sustained fracture to her right pelvis, fracture of left Acetabulum, left shaft femur, fracture of both bones etc., The Doctor has assessed disability to her whole body and she is not in a position to enjoy her marital life nor can she bear children. The claimant was complaining difficulty in squatting, laying down, running, walking up-hill and also pain in the pelvis low back left hip and knee and the appellant used to limp because of the injuries to her right thigh, left leg posterior present and right leg is shortened by 1 inch and the disability persists throughout her life. She is bound to pull on the said disability throughout her life and she has to depend for assistance on third parties. But, at the same time, the appellant has to lead life with honour and dignity alongwith other family members in the society.
She is bound to pull on the said disability throughout her life and she has to depend for assistance on third parties. But, at the same time, the appellant has to lead life with honour and dignity alongwith other family members in the society. Unfortunately, due to unexpected accident, the claimant has sustained fractures and grievous injury. This aspect of the matter has not been looked into nor considered nor appreciated by the Tribunal. Therefore, we are of considered view that the impugned judgment and award passed by the Tribunal is liable to be modified by enhancing just and reasonable compensation. Taking judicial note and after carefully considering the oral and documentary evidence and other material evidence on the file, specifically with reference to evidence of PWs-1 to 3, Ex-P7 wound certificate, Exs-P8 to P25 medical bills and Ex-P36 disability certificate coupled with Exs-P1 to P6, we deem it fit to award just and reasonable compensation under different heads: Towards “injury, pain and suffering Rs.1.00 lakh as against Rs.70,000/-, Rs.20,000/- towards “conveyance, nourishing food & attendant charges”, Rs.10,000/- towards “loss of education for one academic year”, Rs.75,000/-towards “loss of amenities, disability, discomfort & unhappiness” as against Rs.20,000/-awarded by the Tribunal, and “loss of future income” at Rs.1,12,500/- taking the notional income of the appellant at the rate of Rs.15,000/- per annum, disability at 50% and applying multiplier of “15”. Rs.50,000/- is awarded towards “future medical expenses” as against Rs.15,000/-, Rs.1.00 lakh is awarded towards “loss of marriage prospects” as against Rs.25,000/-. The Tribunal has rightly awarded Rs.39,911/- towards “medical expenses” as per the medical bills, therefore, the same does not call for interference. 8. Having regard to the facts and circumstances of the case as referred above, the appellant is entitled to the following compensation and the break up is as follows:- 9. In all, the appellant is entitles to total compensation of Rs.5,07,411 as against Rs.1,70,000/- There will be enhancement of Rs. 3,37,411 with 6% interest. 10. Having regard to the facts & circumstances of the case, as referred above, the instant appeal filed by the appellant in allowed-in-part. Impugned Judgment and award passed by the Tribunal dated 15th June 2006 in MVC No. 26/2002 on the file of the Addl.
3,37,411 with 6% interest. 10. Having regard to the facts & circumstances of the case, as referred above, the instant appeal filed by the appellant in allowed-in-part. Impugned Judgment and award passed by the Tribunal dated 15th June 2006 in MVC No. 26/2002 on the file of the Addl. District Judge & MACT, Chikamagalur, is hereby modified awarding a sum of Rs.3,37,411/- with 6% interest from the date of petition till the date of realization, in addition to the compensation awarded by the Tribunal. Respondent No.3 insurer is directed to deposit the enhanced compensation with interest within a period of three weeks from the date of receipt of copy of the Judgment and award. Out of the enhanced compensation of Rs.3,37,411/-, Rs.2.00 lakhs with proportionate interest shall be invested in Fixed Deposit in the name of the appellant in any Nationalised Bank or Schedule Bank for a period of ten years renewable by another 10 years. Remaining Rs.1,37,411/-with accrued interest shall be released in favour of the appellant immediately on deposit of said amount by the third respondent insurer. Office to draw award, accordingly.