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Judgment
A.V. Chandrashekara, J.—The claimant of a case bearing MVC No. 421/2010, which was pending on the file of Addl. District Judge & MACT at Raichur has challenged the judgment and award passed on 17.07.2012. Her grievance is that a sum of Rs. 84,245/- awarded as total compensation is grossly inadequate to the severe injuries sustained by her and the effect thereof.
Heard the learned counsel appearing for the parties and perused the records.
The fact that she had sustained severe injuries in a road accident that took place on 30.03.2010 while proceeding in the bus of the respondent-Corporation is not in dispute. At that time, she was studying in II year PUC. Soon after the accident, she was immediately shifted to Government Hospital, Riahcur.
Ex. P5 is the wound certificate issued by the Senior Specialist of the Government Hospital. The appellant had sustained lacerated wound measuring 6" x 3" over the left Ischiorectal area. It was fresh and minimal bleeding was found from the edge. X-ray report showed that fracture of right pubic bone and central fracture dislocation of left hip joint.
Later on she got admitted in Balanku Orthopedic Hospital. She was admitted to the said hospital on 30.03.2010 and discharged on 07.04.2010. She underwent an operation for the fracture of pelvic region and degloving injury. She had been admitted as an inpatient in Nizam's Institute of Medical Sciences Hospital, Hyderabad on 08.04.2010 and was discharged on 07.05.2010. She laid a claim for a total compensation of Rs. 1,23,547/- under the head "medical expenses-incurred". But the Tribunal has awarded only a sum of Rs. 49,245/-. The reasons assigned by the Tribunal is that in many medical bills, her name is not forthcoming and the name of the doctor who gave prescriptions is also not forthcoming. Admittedly, many bills are computerized bills. If the druggist has not mentioned the name of the doctor, claimant cannot be found fault with. In view of the number of injuries and gravity of the injuries sustained by her and treatment obtained by her in Nizam Hospital at Hyderabad and Balanku Hospital at Raichur, the claim for Rs. 1,23,547/- is justified, more particularly, when they are substantiated by legitimate medical bills and vouchers. Hence, a sum of Rs. 1,23,547/- is to be awarded under this head instead of Rs. 49,245/- as awarded by the Tribunal.
Only a sum of Rs. 15,000/- is awarded under the head "pain and suffering", which is quite inadequate. In view of the gravity of the injury and number of injuries sustained by her and number of days spent as an inpatient, a sum of Rs. 40,000/- would be the reasonable amount under this head instead of Rs. 15,000/- as awarded by the Tribunal.
A sum of Rs. 20,000/- is awarded under the head "incidental charges" which includes transportation, food and attendant charges. This is on the lower side, because she was an inpatient for 39 days. Instead of Rs. 20,000/-, she will be entitled for Rs. 30,000/- under this head.
No amount is awarded under the head "loss of amenities and pleasure in future life" One cannot forget that the girl was hardly about 18 years and she sustained severe injuries to her public region and hip joint. She could not go to college and take up examinations. She was denied of attending examination and she had to loose one year, as a result of the same. Apart from the same, she has been deprived of sufficient pleasure and amenities in future life. Injury to pubic region of a lady would be a severe injury and it causes lot of inconvenience throughout her life. Hence, a sum of Rs. 50,000/- is to be awarded under the head "loss of amenities and pleasure in future life".
No amount is awarded under the head "future medical expenses". In view of two injuries sustained by her, she needs some amount for undergoing treatment in future. Hence, a sum of Rs. 50,000/- is awarded under the head "future medical expenses".
Thus, the appellant is entitled for a total compensation under different heads as follows:
Hence, the appellant is entitled for a total compensation of Rs. 2,58,547/- instead of Rs. 84,245/- and she is entitled for interest at 9% p.a. on the enhanced compensation of Rs. 1,74,302/- from the date of filing of a petition till realization.
ORDER
Appeal is allowed in part. The judgment and award of the Tribunal passed in MVC No. 421/2010 stands modified accordingly, enhancing the compensation from Rs. 84,245/- to Rs. 2,58,547/-. Thus, the appellant is entitled for enhanced compensation of Rs. 1,74,302/- (rupees one lakh seventy four thousand three hundred and two only) with interest @ 9% p.a. thereon from the date of filing of a petition till realization.
In the event of deposit, a sum of Rs. 1,00,000/- shall be released in favour of the appellant and the remaining amount shall be deposited in her name in any nationalized Bank of her choice for a period of three years without any encumbrance.