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Judgment
The appellant is the claimant, being not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (for short ''the Tribunal''). Mandya in MVC No.2338/2005 dated 28-4-2007 filed this appeal seeking for enhancement of compensation. The claimant lodged a claim petition contending that on 18-8-2005, he went to Mandya City to purchase the household articles. After getting down from the bus, while he was walking infront of the Brundavan Bar, a Canter bearing registration No.KA-11/D-8181 driven by its driver in a rash and negligent manner dashed against the claimant from backside. Due to the accident, the claimant has sustained fracture of right femur and right fibula upper end open fracture dislocation of all tarsometatarsal joints of right foot, fracture of mandible. There was right mid foot exposing the tenderness and bone. He was under the treatment for more than 100 days.
The Tribunal tailing into consideration the injuries and assessing the disability awarded Rs. 40,000/- towards pain and sufferings, Rs. 1,74,200/- towards medical expenses; Rs. 10,000/- towards Attendant Charges; Rs. 4,000/- towards Food and nourishment; Rs. 5,000/- towards loss of future earnings: Rs. 10,000/-towards loss of amenities; and Rs. 31,500/- permanent disability; In all, Rs. 2,70,700 has been awarded as compensation. The claimant being not satisfied with compensation awarded by the Tribunal has preferred this appeal seeking for enhancement of compensation.
Sri. K.L. Srinivas, learned counsel appearing for the appellant contended that the compensation awarded by the Tribunal insofar as pain and sufferings and loss of amenities is on the lower side. He is entitled for higher compensation since he has suffered compound fracture of right fibula and right femur and also that he has spent huge amount for the treatment. He was inpatient from 18.8.2005 to 25.8.2005 at Bangalore and from 25.8.2005 to 22.11.2005 at Mandya Hospital, hence sought for enhancement of compensation.
On the other hand, Sri. A.N. Krishnaswamy, learned counsel appearing for the 2nd respondent contended that the age of the claimant is 73 years, the Tribunal taking into consideration the sufferings undergone has sufficiently compensated by awarding Rs. 2,70,700/- and sought for dismissal of the appeal.
We have carefully considered the arguments addressed by the learned counsel for the parties and perused the original documentary evidence.
It is not in dispute that the claimant has sustained injuries in a road traffic accident that occurred on 18-8-2005. He sustained fracture of right femur and right fibula upper end open fracture dislocation of all tarsometatarsal joints of right foot. The Tribunal taking into consideration the age of the claimant awarded a sum of Rs. 2,70,700/-. However, the compensation awarded in respect of pain and sufferings is on the lower side. He underwent surgery for K.Wire fixation to right foot, ORIF of mandible and I/M nailing of right femur, right leg is shortened by 2 inches. Looking into the wound certificate, it is seen that the claimant has undergone three fractures. Hence, he is entitled to another sum of Rs. 15,000/-towards pain and sufferings. Further, the compensation awarded towards loss of amenities is also on the lower side. Taking into consideration the sufferings and injuries, the claimant is entitled for another sum of Rs. 15,000/- towards loss of amenities. In all, the claimant is entitled for enhanced compensation of Rs. 30,000/-. In the result, the appeal is allowed in part. The appellant is entitled for enhanced compensation of Rs. 30,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment.
In view of the marginal enhancement the entire amount is ordered to be released in favour of the appellant.