Raghavendra Nayak @ Raghavendra A. Nayak S/o late Apraya Nayak v. Vijayananda Shetty, S/o Mr. Sadashiva Shetty
2018-03-20
B.A.PATIL
body2018
DigiLaw.ai
JUDGMENT : The present appeal has been preferred by the appellant-claimant assailing the judgment and award passed by Additional Motor Accident Claims Tribunal, and Principal Senior Civil Judge, Udupi, in MVC No.941/2014 dated 11.8.2016. 2. Heard. Though the appeal is listed for orders, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal. 3. The accident in question is not in dispute so also the involvement of the offending vehicle insured with the respondent-insurer. 4. It is the contention of the petitioner that he was working as a Manager in Vinayaka Distributors, Udupi and when he was proceeding on a motor cycle bearing Registration No.KA.20 Q.6332, a tipper lorry bearing Registration No.KA.20 B.4097 came rashly and negligently from the back side of the motor cycle and dashed, as a result of the same he fell down and sustained grievous injuries and he has been hospitalized. 5. It is the contention of the petitioner that the compensation awarded under the various heads is on the lower side and the same requires to be enhanced proportionately. 6. Per contra, the learned counsel for the respondent-insurer vehemently argued by contending that the injuries suffered by the claimant is simple in nature and there is no permanent disability in consideration of the injuries suffered by the petitioner. Though the petitioner is said to have been lost the recognition of taste of food, it is not coming in the way of earning the income. The compensation awarded under various heads is just and proper and he prays for dismissal of the appeal. 7. As could be seen from the judgment and award passed by the Tribunal, the petitioner has sustained the following injuries. 1. Reddish Contusion of 5 cm x 4 cm on the right side of forehead with C.T. scan showing: (a) Subarachnoid hemorrhage. (b) Left frontal contusion. 2. Reddish Contusion of 6 cm x 5 cm on the back of head. 3. Reddish abrasion of 2 cm x 2 cm on the middle 1/3rd of right leg. 4. Reddish abrasion of 3 cam x 2 cm on the back of right head. 8. In order to substantiate the said fact he has also produced the wound certificate as per Ex.P6. He has also got produced Ex.P10 disability certificate and has also got examined the doctor who treated him as PW2.
4. Reddish abrasion of 3 cam x 2 cm on the back of right head. 8. In order to substantiate the said fact he has also produced the wound certificate as per Ex.P6. He has also got produced Ex.P10 disability certificate and has also got examined the doctor who treated him as PW2. In his evidence he has deposed that appellant has sustained 10% physical disability on the entire body and he is not able to recognize the taste of food and he is a problem of loss of smell, taste sensation and he has permanent disability of 10% with respect to the whole body. The records also indicate that the appellant has been admitted in the Adarsha Hospital on 28.7.2014 and discharged on 4.8.2014. By keeping in view the above said facts and circumstances the Tribunal has awarded the total compensation of Rs.66,131/- under various heads. 9. Though under the normal circumstances the compensation awarded by the Tribunal appears to be justifiable, but by taking into consideration the fact that the appellant has problem of loss of smell and taste sensation and he has a permanent disability, in that light, the compensation awarded under the various heads requires to be enhanced. 10. Whenever a person loses the smell and taste, then the life of a particular person becomes miserable and he will not be having any liveliness at the time whenever he consumes any food items, in that light the compensation awarded by the Tribunal appears to be on the lower side. The reassessed compensation is as mentioned below: Pain and sufferings Rs.30,000/- Attendant charges, food, Nourishment and conveyance Rs.10,000/- Loss of income during the Laid up period Rs.27,000/- Loss of amenities Rs.30,000/- Medical expense Rs.30,131/- Total Rs.1,27,131/- Since, already the Tribunal has awarded Rs.66,131/002D, after deducting the same, the appellant-claimant is entitled to an additional compensation of Rs.61,000/- with 6% interest as ordered by the Tribunal. Accordingly, the appeal is allowed in part and the judgment and award passed in MVC No.941/2014 dated 11.8.2016 is modified as indicated above. The respondent-insurer is directed to deposit the compensation awarded by the Tribunal and additional compensation awarded by this Court with up-to-date interest within a period of six weeks from the date of receipt of copy of this order. The Registry is directed to draw the award accordingly.