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Judgment
B. Manohar, J.—Appellant is the claimant, being unsatisfied with the quantum of compensation awarded in MVC. No. 421/2010 dated 01.09.2010 passed by the Motor Accidents Claims Tribunal, Belgaum (for short ''the Tribunal'') filed this appeal seeking for enhancement of compensation. In the claim petition, the claimant has contended that on 24.01.2010 at about 2.30 p.m., while he was proceeding towards his house from Kulagod Bus stand by the side of the Road, driver of the Mahindra Bolero bearing registration No. KA-48/M-1590 drove the vehicle in a rash and negligent manner and dashed against the claimant from back side. Due to the accident, he has sustained grievous injuries. Immediately he was taken to the Government Hospital, Belgaum for treatment. In view of the accident he has sustained huge loss and spent huge money for the treatment. Hence, he filed a claim petition seeking compensation of Rs. 8,00,000/-.
The first respondent entered appearance and filed objection statements. He contended that the vehicle is duly insured with the second respondent and hence, he is not liable to compensate the claimant and sought for dismissal of the claim petition as against the first respondent.
The second respondent-Insurer also entered appearance and filed written statement denying the entire averments made in the claim petition. It was also contended that no accident had occurred on 24.01.2010. Story of the accident is a cooked-up one, in order to claim compensation from the Insurance Company. Further driver of the offending vehicle did not possess the valid driving license as on the date of accident and hence sought for dismissal of the claim petition.
The Tribunal after considering the oral and documentary evidence adduced by the parties and also taking into consideration copy of the complaint, Spot. Panchanama, sketch, MVI report, charge sheet held that due to the rash and negligent driving of the Mahindra Bolero Vehicle by its driver, the accident has occurred. The police had registered a case against the driver. With regard to the quantum of compensation is concerned, the Tribunal taking into consideration income of the claimant at Rs. 3,000/- p.m. and permanent disability at 10%, awarded compensation of Rs. 1,10,800/- with interest at 9% p.a. from the date of petition till realization. The claimant, being unsatisfied with the quantum of compensation awarded by the Tribunal has filed this appeal.
Sri. Mutturaj D. Patil, learned Counsel appearing for the appellant contended that the compensation awarded by the Tribunal is on the lower side. Though the claimant is an agriculturist by profession, his income was taken at Rs. 3,000/- p.m. which is on the lower side. In the accident he has sustained fracture of tibia and fibula and other injuries to his body. Though the Doctor assessed disability to the extent of 45% to the lower limb, the Tribunal has taken disability to an extent of 10% which is on the lower side. Further, compensation awarded towards attendants, conveyance, nourishment and also loss of earning during the laid up period is also lower side. Hence, sought for enhancement of the compensation.
On the other hand, Sri. Laxman B. Mannoddar, learned Counsel appearing for the second respondent argued in support of the judgment and award passed by the Tribunal and also contended that the Tribunal taking into consideration the age and occupation of the claimant has awarded compensation. As on the date of the accident, the claimant was aged about more than 64 years. Hence the compensation awarded by the Tribunal is just and fair and sought for dismissal of the claim petition.
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 Mahindra Bolero by its driver, the accident has occurred on 24.01.2010. In the accident the claimant has sustained fracture of both bones of right leg. He has undergone operation. In the operation plates were implanted. He was inpatient for a period of 22 days. He has suffered huge financial loss and also undergone pain and agony due to the accident. At the time of accident, the claimant was aged about 64 years. At this old age, healing of the wound portion takes lot of time. Though the Doctor assessed the disability of the claimant to an extent of 45%, the Tribunal ought to have taken 1/3 out of 45% instead of 10%. Further, the compensation awarded towards nourishment, attendant charges, conveyance and also loss of earning during the laid up period is also lower side. Further, compensation awarded by the Tribunal towards loss of amenities requires enhancement. Hence, the claimant is entitled for the enhanced compensation. Taking the income of the claimant at Rs. 3,000/- p.m. and disability to an extent of 15% and adopting multiplier of 7, the claimant is entitled for the compensation of Rs. 37,800/- as against Rs. 25,200/- towards loss of future earnings. Further the claimant is entitled for another sum of Rs. 10,000/- towards loss of amenities and another sum of Rs. 10,000/- towards nursing, attendance an conveyance. The claimant is entitled for another sum of Rs. 10,000/- towards future happiness and comfort. The claimant is entitled for enhanced compensation of Rs. 42,600/- Accordingly, I pass the following:
ORDER
The Appeal is allowed in part. The judgment and award dated 1-9-2010 made in MVC No. 421/2010, on the file of the Fast Track Court-III & MACT, Belgaum is modified and the claimant is entitled for enhanced compensation of Rs. 42,600/- with interest at the rate of 9% p.a. from the date of petition till realization.