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Judgment
B. Manohar, J.—Appellant is the claimant, being aggrieved by the judgment and award dated 12.07.2010 made in MVC No. 1819/2008 passed by the Motor Accidents Claims Tribunal, Saundatti (for short ''the Tribunal'') filed this appeal seeking for enhancement of the compensation. In the claim petition, it was contended that on 18.12.2007, while the claimant was proceeding in a Hero Honda Motor bike bearing registration No. KA-48/E-1994. as a pillion rider, near Sattigeri village, a 407 Goods Tempo bearing registration No. KA-24/2193 came from opposite direction in a rash and negligent manner and dashed against the motor bike in which the claimant was travelling. Due to the accident, he has sustained grievous injuries. He was shifted to Primary Health Center, Yaragatti, thereafter he was shifted to the M.G. Umarani Hospital, Gokak. He was taken treatment there as inpatient for a period of 15 days. In the accident he has sustained fracture of lateral condyle of right femur, fracture of right patella and grievous injuries to both knees. He has spent huge money for the treatment and sought for compensation of Rs. 11,00,000/-.
The respondents entered appearance. The first respondent filed objections denying the averments made in the claim petition and contended that the compensation claimed by the claimant is exorbitant. Since, the vehicle is insured with the second respondent-Insurer, they are liable to compensate the claimant and sought for dismissal of the claim petition as against the first respondent.
The second respondent-Insurer also filed objections denying the entire averments made in the claim petition and contended that the accident occurred due to the negligence on the part of the rider of the motor bike and also that the rider of the motor bike did not possess the valid driving license and the said motor bike was not insured with them as on the date of accident. In collusion with the first respondent in order to claim compensation, a false case has been foisted implicating the goods tempo. Hence, they are not liable to compensate the claimant and sought for dismissal of the claim petition as against the Insurer.
The Tribunal after considering the oral and documentary evidence adduced by the parties and also taking into consideration the copy of the complaint, Spot panchanama FIR, IMV report and charge sheet held that due to the rash and negligent driving of the offending vehicle by its driver, the accident had occurred. Taking into consideration the income of the claimant as Rs. 3,000/- p.m., the Tribunal has awarded a sum of Rs. 30,240/- towards loss of future income, Rs. 33,722/- towards medical expenses, Rs. 20,000/- towards pain and suffering and Rs. 5,000/- towards conveyance, food and other incidental charges. In all, a sum of Rs. 89,012/- was awarded with interest at 6% p.a. from the date of petition till realization. The claimant, being unsatisfied with the compensation awarded by the Tribunal has filed this appeal.
Learned Counsel appearing for the appellant contended that the compensation awarded by the Tribunal is on the lower side. The claimant is an agriculturist and also working as an agricultural coolie. Though he had produced the documents to show that he had owned the agricultural land, the income taken by the Tribunal is very much on the lower side. Further due to the accident, he has sustained fracture of lateral condyle of right femur, fracture of right patella and grievous injuries to both the knees. No compensation has been awarded towards loss of amenities. The compensation awarded by the Tribunal towards pain and suffering is on the lower side and sought for enhancement of compensation.
On the other hand, Sri. M.G. Gadagoli, learned Counsel appearing for the second respondent argued in support of the judgment and award passed by the Tribunal and also contended that taking into consideration the materials available on record, the Tribunal has awarded just and fair compensation and the same does not warrant interference by this court and sought for dismissal of the appeal.
I have carefully considered the arguments addressed by the learned Counsel for the parties, perused the impugned judgment and award and the oral and documentary evidence adduced by the parties. The records clearly disclose that due to the rash and negligent driving of the goods Tempo, the claimant has sustained fractures and other injuries. He was inpatient for a period of 15 days. Due to the accident, he has suffered permanent disability. The claimant is an agriculturist as well as agricultural coolie. The Income of Rs. 3,000/- p.m. taken by the Tribunal is very meager. The compensation awarded towards pain and suffering is also on the lower side. Further, no compensation was awarded towards loss of amenities. Hence, the claimant is entitled for the enhancement of compensation. The wound certificate clearly discloses that there is a fracture of lateral condyle of right femur, fracture of right patella and grievous injuries to both knees. Taking into consideration the fractures and injuries he has sustained and sufferings. he has undergone, the claimant is entitled'' for another sum of Rs. 10,000/- towards pain and suffering and a sum of Rs. 20,000/- towards loss of amenities. Taking into consideration the income of the claimant as Rs. 4,000/- p.m. and also the permanent disability at 12%, applying the appropriate multiplier of 7, the claimant is entitled for another sum of Rs. 10,000/- towards future loss of income. Admittedly he was inpatient for a period of 15 days, hence he is entitled for another sum of Rs. 10,000/- towards food, conveyance and other incidental charges. In all, the claimant is entitled for enhanced compensation of Rs. 50,000/- with interest at 6% p.a. from the date of claim petition till the date of realization. Accordingly, I pass the following:
ORDER
The Appeal is allowed in part. The impugned judgment and award dated 12.07.2010 made in MVC No. 1819/2008 passed by the Tribunal is modified. The claimant is entitled to enhanced compensation of Rs. 50,000/- in addition to Rs. 88,012/- awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till realization.