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Judgment
N.K. Patil, J.—This is claimant''s appeal for enhancement of compensation against the impugned common judgment and award dated 31.8.2004 passed in MVC No. 293/2000 on the file of the I Addl. Civil Judge (Sr. Dn.) & MACT, Bangalore rural Dist. Bangalore (hereinafter referred to as Tribunal'' for short).
By its judgment and award, the Tribunal has awarded a sum of Rs. 75,000/- with interest at 6% p.a., from the date of petition till its deposit as against the claim made by the appellant for a sum of Rs. 5,00,000/-on account of the injuries sustained by him in the road traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate.
In brief, the facts of the case are:
The appellant claims to be aged about 28 years, working as Teacher, drawing salary of Rs. 3,500/- p.m. He was hale and healthy prior to the accident. That, on 28.10.1998, the appellant met with an accident and on account of the injuries sustained by the appellant in the said accident, the doctor has assessed the disability to his right leg at 10% and 5% to the whole body. The appellant has spent reasonable amount towards medical expenses and conveyance, nourishing food and attendant charges. The disability suffered by him is permanent in nature and he is not in a position to discharge his duties. Taking all these factors, he has filed a claim petition before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal, which in turn, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum 75,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement of compensation.
We have heard the learned Counsel for the appellant and the learned Counsel for the insurer.
After careful evaluation of the records available on record and also after perusal of the impugned judgment and award of the Tribunal, what emerges is that the Tribunal after assessing the oral and documentary evidence and other relevant material on file, has rightly awarded Rs. 30,000/- towards medical expenses as per the medical bills produced by the appellant and Rs. 24,500/- towards loss of income during laid up period. Therefore, interference by this Court is not called for. However, the Tribunal has not awarded just and reasonable compensation towards pain and sufferings, conveyance nourishing food and attendant charges, loss of amenities, discomforts and unhappiness and future medical expenses.
It is not in dispute that due to the injuries sustained by the appellant in the road traffic accident, he has undergone treatment for more than 8 days in the hospital and underwent one surgery and iron rod has been inserted. The disability to his right leg is at 10% and 5% to the whole body. The appellant on account of the disability, has to suffer the discomforts and unhappiness throughout his life. He might have spent reasonable amount towards conveyance, nourishing food and attendant charges. He has underwent one surgery and implant is inserted and he has to undergo one more surgery for removal of implant. These aspects of the matter has neither been considered by the Tribunal nor. awarded reasonable compensation. Therefore, we deem fit to award a sum of Rs. 20,000/-towards pain and sufferings as against Rs. 15,000/-; conveyance, nourishing food and attendant charges at Rs. 5,000/- as against Rs. 800/-; Rs. 15,000/- towards loss of amenities, discomforts and unhappiness as against Rs. 10,000/-; Rs. 5,000/- towards future medical expenses as against Rs. 4700/-.
Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified. The total compensation payable comes to Rs. 99,500/-and the break-up is as follows:
Towards pain and sufferings : Rs. 20,000/- 2. Towards medical expenses, : Rs. 30,000/- 3. Towards conveyance, nourishing food and attendant charges : Rs. 5,000/- 4. Towards loss of income during Laid up period : Rs. 24,500/- 5. Towards loss of amenities : Rs. 15,000/- 6. Towards future medical expenses : Rs. 5,000/- Total : Rs. 99,500/-
Accordingly, the appeal is allowed in part and the impugned common judgment and award passed by the Tribunal in MVC No. 293/2000 stands modified, granting a compensation of Rs. 99,500/- instead of Rs. 75,000/- (enhanced compensation comes to Rs. 24,500/-)
The insurer is directed to deposit the enhanced compensation of Rs. 24,500/- with interest at 6% p.a. from the date of petition till the date of realisation, within three weeks from the date of receipt of the copy of this judgment and award.
The entire enhanced compensation with interest shall be released in favour of the appellant, immediately, on deposit by the insurer.
Office to draw the award, accordingly.