Shivalinga Shivappa Managaj vs Sanjay J. Patil

K.N. Phaneendra, J.—Appellant is the claimant in M.V.C. No. 2214/2009 on the file of Fast Track Court-I, Belgaum. The present appeal is filed seeking enhancement of the compensation awarded by the Trial Court.

After issuance of notice, respondent no. 1 represented by his counsel Sri. Aravind D. Kulkarni, respondent no. 2 though served remained unrepresented, respondent no. 3 is represented by Sri. S.V. Yaji and the respondent no. 4 is represented by Sri. K.L. Patil.

I have heard the arguments of learned counsel for the appellant and the respondents who have put in their appearance. It appears the respondent No. 3-Insurance Company has already satisfied the award passed by the trial Court. There is absolutely no dispute with regard to the accident being taken place and the injuries being suffered by the claimant and the Insurance Company has also not filed any appeal challenging the quantum of compensation as awarded by the trial Court.

The brief factual matrix that emanate from the records are that on 27.11.1999 at about 11.30 p.m. the claimant was standing by the side of the P.B. road in front of the main gate of Heera Sugar Factory waiting for a vehicle in order to go to his native place. At that time, a tractor bearing no. KA-23-t-3730 was coming towards the said sugar factory. At the same time a truck bearing no. KA-22-7288 coming from Nippani side which was being driven by its driver in a rash and negligent manner and came and dashed against the said truck. As a result of the impact of the accident, the said tractor dashed against the petitioner who was standing by the side of the road and due to which he sustained grievous injuries. After the accident he was shifted to K.L.E. Hospital, Belgaum and he was an inpatient for a period of 48 days and he has undergone multiple surgeries. The claimant has examined himself as P.W. 1 and got marked several documents as per Ex. P.1 to Ex. P.7. He has also examined P.W. 2-Dr. Annasaheb Bapusaheb Patil who has categorically stated about the injuries sustained by the claimant (appellant). The evidence of the claimant and the medical certificate produced before the Court establish that the claimant has suffered three injuries, i.e., (1) Cerebral contusion (defused axonal injury); (2) Fracture of left hand (both radius and ulna), and (3) Fracture of left tibia. The Doctor has also stated that the injured has sustained 20% disability. The trial Court after calculating the compensation on several heads in total awarded a sum of Rs. 3,21,000/-.

On plain looking into the records, the trial Court has awarded an amount of Rs. 90,000/- towards pain and agony. On perusal of the injuries sustained, it is not only the fracture sustained but also contusion to the cerebral portion of the head with defused axonal injury. In his opinion the said injury is little bit dangerous and the person has to suffer throughout his life. Therefore, considering the fracture of the left hand and fracture of left tibia along with cerebral contusion the trial Court ought to have awarded some more amount towards pain and agony. As the records reveal that the claimant was in hospital for a period of 48 days, that itself shows the seriousness of the injuries sustained by him. Therefore, an amount of Rs. 30,000/- has to be added towards pain and agony. The trial Court has properly awarded an amount of Rs. 41,000/- towards medical expenses and Rs. 10,000/- towards hospital charges.

So far as the loss of future earning capacity of the petitioner is concerned, the trial Court has only taken into consideration 17% as disability whereas the Doctor has stated that 45%. However, the trial Court has taken 15 multiplier calculating the age of the injured between 35 to 37. As could be seen from the records the injury certificate itself clearly goes to show that the claimant was aged 30 years as on the date of the accident. Though, according to the learned Judge the other records show that he was aged 36 years, nevertheless the beneficial age as mentioned in the medical document ought to have been taken into consideration by the trial Court. Therefore, considering the age as 30 years 17 multiplier has to be applied. If 17 multiplier is applied, the claimant is entitled for Rs. 1,22,400/- towards loss of future earning capacity. The trial Court has awarded Rs. 1,08,000/-. The claimant is entitled for remaining Rs. 14,400/- under that head. The trial Court has awarded an amount of Rs. 25,000/- towards loss of amenities. Considering the injuries sustained particularly the mental injury, happiness of the said person in future is curtailed. The other injuries sustained according to the Doctor also create some problem to him throughout his life. The amount of Rs. 25,000/- towards loss of amenities awarded by the trial Court is on the lower Court. Therefore, the claimant is entitled for another sum of Rs. 25,000/- under the said head.

The trial Court has awarded Rs. 10,000/- towards hospital charges. The records disclose he was in the hospital for a period of 48 days. Therefore, an amount of Rs. 10,000/- more is to be awarded under that head. Looking to the above circumstances, in total the claimant is entitled for enhanced compensation of Rs. 79,400/- which is rounded of to Rs. 80,000/-. The claimant is also entitled for admissible interest as ordered by the trial Court on the enhanced amount.