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Judgment
K.L. Manjunath
In a road traffic accident occurred on 22.5.2002 at about 3.00 p.m. one Thangchan was proceeding on fail Kinetic Honda bearing Regn. No. KA-20H-6713 towards Kadri Shivabagh. He had stopped his vehicle in order to proceed towards Mallikatte. At that time, on account of rash and negligent driving of the driver of an autorickshaw bearing Regn, No. KA-19A-5154, auto dashed against the Kinetic Honda from the rear side, as a result of which, claimant sustained grievous injuries. He was immediately shifted to SCS Hospital and there he was an inpatient for a period of 23 days. He was an employee of MESCOM and drawing a monthly salary of Rs. 12,689/- Therefore he lodged a claim petition before the MACT, Mangalore in MVC No. 1922/2002. The Tribunal awarded a total compensation of Rs 8,71,707/- by its judgment dated 25.4.2006. Being not satisfied with the same, the present appeal is filed for enhancement.
During the pendency of the appeal, the claimant died and his legal representatives have been brought on record. The Tribunal has awarded a sum of Rs. 40,000/- towards pain and suffering, Rs. 5,38,482/- towards loss of income, Rs. 5,925/- towards attendant charges,. Rs. 10,000/- towards nourishment and conveyance, Rs. 25,000/- towards loss of amenities in life and Rs. 2,52,300/- towards medical expenditure. The claimant died during the pendency of this appeal not on account of injuries sustained in the accident and it is a natural death.
The grievance of the appellants before us in that the compensation awarded under the head medical expenditure is on the lower side and that, the Tribunal did not consider the actual medical bills produced by the deceased. According to the appellants counsel, the deceased had spent a sum of Rs. 4,50,000/- , but the Tribunal has not considered the same.
Learned Counsel for respondent No. 3, Insurance Company, submits that the Tribunal has rightly considered the medical bill produced by the deceased. Accordingly, the compensation has been awarded. According to him, the compensation awarded under the oilier heads is on the higher aide and as a matter of fact, the compensation awarded under the head future loss of income is on the higher side. Therefore, he requests the Court to reconsider the entire evidence and dismiss the appeal
We have seen the judgment of the Tribunal, in paragraph - 28, based on the medical bills produced by the claimants, the Tribunal has awarded a sum of Rs. 2,52,300/- under the head medical expenditure. According to the claimants, after the judgment of the Tribunal, they also spent the amount towards future medical treatment. But we cannot find fault with the judgment of the Tribunal, because the Tribunal has awarded the compensation cowards medical bilk based on the documents produced by the claimants.
We could have considered the medical bills produced by the appellants after the disposal of the claim petition provided that the claimant was alive. As a matter of fact., the death of the claimant is a natural one. If we consider the compensation awarded towards future loss of income and other heads, we are of the opinion that it is not a case for considering the documents now produced before that Court.
Accordingly, the appeal is dismissed as well as I.A. for production of additional documents is also rejected.