Don Pinto vs Peter Don Nazarath and United India Insurance Co. Ltd.

N.K. Patil, J.—This is claimant''s appeal seeking enhancement of compensation against the impugned judgment and award dated 18.10.2004 passed in M.V.C. No. 1465/2001 on the file of the Prl. Civil Judge (Sr.Dn.) and Addl. MACT, Udupi (hereinafter referred to as ''the Claims Tribunal for brevity). The Claims Tribunal by its judgement and award has awarded a sum of Rs. 3,11,413/- with interest at 896 p.a. from the date of petition till the data of realization as against the claim of claimant for Rs. 22,10,000/- against respondents. Therefore the appellant felt necessitated to present this appeal on the ground that the amount awarded by the Claims Tribunal is inadequate and he is entitled for enhancement of compensation.

The appellant was aged about 29 years, and an electrical Technician working at Saudi Arabia, drawing salary of Rs. 1,500 Saudi Riyals (Rs. 16,000/- p.m.). He was hale and healthy prior to the accident When he had come to his native place Pandeshwara village, Udupi Taluk, on vacation, at about 7.30 p.m. on 3.3.2001, while he was riding a motor bike from Sasthana side towards Udupi on N.H. 17 slowly and cautiously, following the traffic Rules and Regulations, near Kombarsgudde in front of the temple, a lorry bearing Reg. No. CNX-5158 came with high speed in a wrong direction and dashed against the motor bike of the appellant on account of which, the appellant fell down and sustained grievous injuries. As per the wound certificate Ex. P-4, there is a fracture of right femur shaft, open fracture of right libra and open fracture of right femur and other simple injuries. He has undergone treatment for a period of 46 days in KMC hospital, Manipal. It is the further case of the appellant that he has spent huge sums of money for conveyance, nourishing food and attendant charges. The Doctor has assessed disability at 45% to the right leg and also to the right hand and 24% permanent disability to the whole body. On account of the injuries sustained, the appellant herein filed a claim petition against the respondents claiming compensation of Rs. 22,10,000/-. The said claim petition had come up before the Claims Tribunal for consideration on 18.10.2004. The Claims Tribunal, after careful evaluation of the oral and documentary evidence and other relevant material on record has allowed the claim petition in part and awarded compensation of Rs. 3,11,413/- with 8% interest from the date of petition till the date of realisation

Being aggrieved, the appellant has presented the instant appeal claiming enhancement of compensation on the ground that the quantum of compensation awarded by the Claim Tribunal in so far as it relates to ''conveyance, nourishing food and attendant charges'', loss of income during laid up period'', loss of amenities, discomfort and unhappiness is on the lower side and the Claims Tribunal has not awarded compensation towards ''future medical expenses''

As against this, learned Counsel for the second respondent - Insurance Company, inter alia, contends that the compensation awarded by the Claims tribunal is Just and reasonable. The Claims Tribunal, after due consideration of the material on record and taking into consideration the nature of injuries sustained, has awarded reasonable compensation and therefore Interference by this Court is not called for.

We have heard learned Counsel appearing for the appellant and learned Counsel appearing for the second respondent - Insurance Company.

After careful perusal of the judgment of the Claims Tribunal, what emerges is that the Claims Tribunal, after appreciation of Oral and documentary evidence and taking into consideration the nature of injuries, has awarded just and reasonable compensation towards "medical expenses'' and pain and sufferings. Therefore, interference by this Court is uncalled for. However, the Claims Tribunal erred in not awarding reasonable compensation towards ''conveyance, nourishing food and attendant charges'', ''loss of income during laid up period'', ''discomfort and unhappiness'' and ''future medical expenses''. It is not in dispute that the claims was admitted in the hospital for 46 days and had undergone three surgeries. The Doctor has excused disability at 45% towards right lower limb and upper limb and 24% to the whole body. There is shortening of right leg and there is restriction of musk and restriction of movement on the right shoulder. On account of the injuries sustained, he has undergone pain and agony during the treatment period. It is the case of the appellant that he has spent reasonable amount for conveyance, nourishing food and Attendant charges. Injuries are permanent in nature. He has to suffer discomfort and unhappiness throughout his life. He has lost his job on account of the injuries sustained in the road traffic accident. He has undergone three surgeries as referred to above and it requires one more operation to remove the implants, The Claims Tribunal has not considered these aspects of the matter nor appreciated nor awarded reasonable compensation. Hence, we deem it fit to award a sum of Rs. 15,000/-towards ''nourishing food, conveyance and attendant charges'' as against a sum of Rs. 9.800/-, a sum of Rs. 36,000/- towards loss of income during laid up period'' as against Rs. 27,000/-, a sum of Rs. 40.000/-towards loss of amenities, discomfort, unhappiness as against Rs. 25,000/-, and a sum of Rs. 20,000/- towards future medical expanses.

In the light of the facts and circumstances of the case, as stated above, the instant appeal filed by the appellant is allowed in part. The impugned judgment and award dated 18.10.2004 passed in M.V.C. No. 1465/2001 on the file of the Civil Judge (Sr.Dn.) and MACT, Udupi is hereby modified as follows:

1) Injury, pain and sufferings Rs. 50,000/- 2) Medical expenses Rs. 1,99,613/- 3) Conveyance, nourishing food and attendant charges Rs. 15.000/- 4) Loss of amenities and discomfort Rs. 40,000/- 5) Loss of income during treatment period Rs. 36,000/- 6) Future medical expenses Rs. 20,000/- _____________ Total Rs. 3,60,613/- _____________

The appellant is entitled to compensation of Rs. 3,60,613/- as against Rs. 3,11,413/- (total enhancement being Rs. 49,200/-) along with interest @ 6% p.a. from the data of petition till the date of resolution

The second respondent - Insurance Company is directed to deposit the enhanced compensation with interest within three weeks from the date of receipt of a copy of this judgement.

The enhanced amount with interest shall be released in favour of the appellant, immediately on deposit of the same by the Insurance Company.

Office is directed to draw the award accordingly.