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Judgment
Mr. Justice Huluvadi G. Ramesh
This appeal is by the claimant seeking enhancement of compensation awarded by the II Addi. MACT, Karwar in MVC 223/2000 by order dated 17.8.2004, for the injuries sustained by him in a motor accident.
The claimant who is the appellant is said to have met with an accident on 23.4.2000 while he was travelling in a tempo bearing registration No. KA 30 4307 from Bhatkal to Idugunji. The tempo in which he was travelling reached Karagutaki Cross on Mavinakatte-Idagunji road around 3.30 p.m., due to the rash and negligent driving of the driver of the tempo, the door of the tempo got unlocked and the petitioner fell on the road and sustained grievous injuries. The claimant was treated at Kasturba Hospital, Manipal between 23.4.2000 and 5.6.2000. Contending that he had become permanently disabled, he filed a claim petition seeking amount of Rs. 3 lakhs before the Tribunal. The said petition was contested by the Insurer. Based on the pleadings, as many as four issues were raised by the Tribunal Holding that the driver, of the tempo was negligent, the Tribunal awarded a sum of Rs. 1,49,440/-with 8% interest from the date of the petition till realisation. Being not satisfied with the quantum of compensation awarded, this appeal has been preferred seeking for enhancement
Heard the counsel for the appellant and the counsel for the respondent - insurer.
It is the submission of the learned counsel for the appellant that due to the accident, the claimant has suffered fracture of the pelvis bone and as per the opinion of the Doctor, the claimant has become impotent and his marriage prospect is lost and that he has not been suitably compensated. Accordingly, he has sought for enhancement of compensation. The claim was resisted by the respondent''s counsel.
In view of the contentions of the parties, the point that arise for consideration is whether the claimant is entitled for enhancement of compensation.
In so far as negligence on the part of the driver of the tempo in question is concerned, it has been answered in favour of the claimant and that need not be gone into.
In so far as injuries sustained by the claimant as per the wound certificate, it appears he has sustained as many as eight injuries which are said to be grievous in nature. There are several abrasions, lacerations on various parts of the body, fracture of both inferior and superior pubic rami and right sacro iliac joint disruption, etc., and claimant had been treated at KMC Hospital with a general surgery and neuro surgery by Urologists. In this regard, claimant is shown to have examined one Dr Anil K Bhat of Manipal Hospital. Similarly one more doctor is show to have been examined i.e., Dr Joseph Thomas of KMC Hospital, Manipal who have spoken about the treatment given to the claimant. As per the opinion of Dr Thomas, the claimant has to undergo lifelong treatment for recurrent of urethral strictures and consequential dysfunction due to fracture of pelvis and it is also opined that he will have problem with sexual dysfunction.
It is seen that the claimant has been awarded Rs. 25,000/- towards pain and suffering, Rs. 20,340/- towards medical expenses, Rs. 1,900/-towards transportation and Rs. 30,600/- towards diet, conveyance and attendant charges and; Rs. 50,000/- towards functional disability. After hearing both the parties, I am of the view that claimant could be awarded another Rs. 10,000/- towards pain and suffering; Rs 20,000/- towards loss of amenities and enjoyment of life; Rs 10,000/- towards loss of future earnings due to partial disability as expressed by the Doctor n addition to.Rs. 21,600/- which is already awarded. Thus, the appellant would be awarded a sum of Rs. 40,000/- over and above what has already been awarded with interest at 8% interest on the enhanced amount, from the date of petition till deposit
In the result, the appeal is allowed in part. While sustaining the order of the tribunal in awarding compensation of Rs. 149,440/-, the claimant is further awarded a sum of Rs, 40,000/- with 8% interest on the enhanced amount from the date of petition till deposit.