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Judgment
N.K. Patil, J.—This is a claimant''s appeal for enhancement of compensation against the impugned judgment and award dated 05.01.2005 passed in MVC No. 5664/2002, on the file of III Addl. Judge & Member, Motor Accidents Claims Tribunal, Court of Small Causes (SCCH-18), Bangalore (''Tribunal'' for short), awarding a sum of Rs. 1,65,000/- with interest at the rate of 6% per annum on account of the injuries sustained by him in a road traffic accident.
The brief facts of the case are that, the appellant claims to be aged about 28 years at the time of accident. He was a part-time lecturer in Sanskrit in two Colleges, drawing a salary of Rs. 13,000/- per month. He was hale and healthy prior to the accident When things stood thus, on 28.10.2002 at 7.30 a.m., when he was going on Hero Honda motor cycle bearing Reg. No. KA-32-H-7553 North to West, at chat time, a heavy goods vehicle (lorry) bearing Reg. No. HR-38-E-3484 driven by its driver at high speed in a rash and negligent manner dashed against the appellant, on account of which he fell down and sustained injuries on left leg and other injuries on the body. He has filed a claim petition u/s 166 of Motor Vehicle Act, 1988 against the respondents claiming compensation of Rs. 25,00,000/-. On account of the injuries sustained in a road traffic accident, the appellant took treatment as inpatient for more than 38 days in the hospital and undergone surgery and spent reasonable amount towards conveyance, nourishing food and attendant charges. The Tribunal on assessment of oral and documentary evidence and other material available on file, taking into consideration age and avocation, nature of injuries sustained by the appellant, has allowed the claim petition in part and awarded compensation of Rs. 1,65,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation under different heads. The appellant being dissatisfied with the quantum of compensation awarded by the Tribunal, has presented this appeal seeking enhancement of compensation.
We have heard the learned Counsel for appellant and learned Counsel for first respondent/Insurance Company.
On careful perusal of the material on record and impugned judgement & award, it emerges that, the Tribunal has rightly awarded compensation of Rs. 50,000/- towards medical expenses, conveyance, nourishment and attendant charges, Rs. 15,000/- towards loss of income during treatment period and Rs. 54,000/- towards loss of future earning capacity and hence the same does not call for interference. However, the Tribunal has not awarded reasonable compensation towards pain & sufferings, loss of future amenities, discomfort and unhappiness and future medical expenses.
It is not in dispute that the appellant has taken treatment for more than 38 days and also undergone one surgery. The Tribunal should have taken into consideration the pain and agony suffered by the appellant during treatment period. The doctor has assessed disability of 28% towards left lower limb and 10.33% to whole body. The appellant has to undergo one more operation for removal of implants. Therefore, we deem it fit to award compensation towards pain & suffering at Rs. 40,000/- as against Rs. 31,000/-, towards loss of amenities, discomfort and unhappiness at Rs. 20,000/- as against Rs. 10,000/- and future medical expenses at Rs. 10,000/ as against Rs. 5,000/-.
In the light of the facts and circumstances as stated above, the appeal is allowed in part. The impugned judgment and award passed on 05th January 2005 by the Tribunal in MVC No. 5664/2002 is hereby modified and the break up is as under:
(i) Pain & sufferings : Rs. 40,000/- (ii) Medical expenses, conveyance, nourishing food and attendant charges : Rs. 50,000/- (iii) Loss of income during treatment period : Rs. 15,000/- (iv) Loss of future earning capacity : Rs. 54,000/- (v) Loss of future amenities, discomfort & unhappiness : Rs. 20,000/- (vi) Future medical expenses : Rs. 10,000/-
Total compensation : Rs. 1,89,000/-
The first respondent/Insurance Company is directed to deposit the enhanced compensation of Rs. 24,000/- with interest at 6% p.a. within a period of three weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance company, the same shall be released in favour of appellant immediately.
Office iu directed to draw the award accordingly.