B. Shivalingaiah Since dead by his LRs. vs B.J. Mohan Das and The Oriental Insurance Co. Ltd.

N.K. Patil, J.—This appeal by the appellant-claimant is directed against the impugned judgment and award dated 24/04/2009 passed in MVC No. 14/2004, by the Principal Civil Judge(Sr. Dn.) and CJM and Motor Accident Claims Tribunal, Mandya, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 1.0,60,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the appellant for a sum of Rs. 50,00,000/-, on account of the injuries sustained by him, in the road traffic accident.

In brief, the facts of the case are:

The injured-appellant claims to be aged about 50 years at the time of the accident. He was hale and healthy prior to the accident. That at about 7.30 p.m., on 21.9.2003, while appellant was walking on the road side footpath of Mysore-Bangalore road at MACC Town in Mandya Taluk, at that time, the rider of TVS Moped bearing No. KA.U.K. 1142 came in a rash and negligent manner and dashed against him and caused injuries all over his body as per Ex. P4. Immediately, he was shifted to Sagar Apollo hospital, Bangalore, where he took treatment as inpatient from 21.9.2003 to 24.11.2003 and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment.

It is the further case of the appellant that, he spent considerable amount towards medical and other incidental charges and on account of the injuries sustained by him as referred above, he has suffered permanent disability. The Doctor has assessed the disability at 100%. Therefore, appellant has filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation against the respondents.

The said claim petition had come up for consideration before the Tribunal. 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. 10,60,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till the date of deposit.

Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation, on the ground that, compensation awarded towards medical expenses is inadequate and it requires enhancement. During the pendency of this appeal, appellant died and his LRs were brought on record.

We have heard the learned counsel appearing for appellants and learned counsel for Insurer.

The submission of the learned counsel for the appellants, at the outset is that, the Tribunal, has awarded only a sum of Rs. 4,50,000/- towards medical expenses, even though the bills were produced to the tune of Rs. 4,53,500/- and Rs. 37,980/- and therefore, the appellants are entitled for the remaining amount of Rs. 41,480/-. Therefore, he submitted that the impugned judgment and award is liable to be modified.

As against this, learned counsel for Insurer, inter-alia, contended and submitted that, the Tribunal after due consideration of the materials available on file and taking into consideration the medical bills and prescription produced by the appellant, is justified in awarding a sum of Rs. 4,50,000/- towards medical expenses and therefore, it does not call for interference.

After hearing the learned counsel for both the parties and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, it is the grievance of the appellant that the Tribunal has awarded only a sum of Rs. 4,50,000/- towards medical expenses and failed to award the remaining sum of Rs. 41,480/- spent by the appellant for his treatment, even though, he has produced medical bills as per Exs. P5 to P165 to the tune of Rs. 4,53,500/- and Rs. 37,980/-. In fact, it emerges that, appellant has produced medical bills to the tune of Rs. 4,53,500/- and Rs. 37,980/- for having purchased the medicines. Taking all these factors into consideration, we deem it fit to award another sum of Rs. 41,480/- with interest at 6% p.a., from the date of petition till its realization.

However, the Tribunal, is justified in awarding reasonable compensation under other heads as rightly submitted by the learned counsel for both the parties. Having regard to the facts and circumstances of the case, the appeal filed by the appellants is allowed in part. The impugned judgment and award dated 24/04/2009 passed in MVC No. 14/2004, by the Principal Civil Judge(Sr. Dn.) and CJM and Motor Accident Claims Tribunal, Mandya, stands modified, awarding a sum of Rs. 41,480/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.

The Insurer is directed to deposit the enhanced compensation of Rs. 41,480/- with interest at 6% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment.

Immediately on deposit by the Insurer, the entire enhanced compensation with interest shall be released in favour of the wife of the appellant, Smt. Savithramma.

Draw the award, accordingly.