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Judgment
N.K. Patil, J.—This is claimant''s appeal for enhancement of compensation against the impugned judgment and award dated 28.10.04 passed in MVC No. 5201/03 on the file of the XVI Addl. Judge, Court Of Small Causes and Member, MACT, Bangalore, (SCCH-14) (hereinafter referred to as ''Tribunal'' for short).
By its judgment and award, the Tribunal has awarded a sum of Rs. 54,500/- with interest at 8% p.a., from the date of petition till its realisation as against the claim made by the appellant for a sum of Rs. 7,00,000/-, on account of the injuries sustained by him in the road traffic accident.
In brief, the facts of the case are:
The appellant is claiming that he is aged about 50 years at the time of accident and Tailor by profession. He was hale and healthy prior to the accident. It is the further case of the appellant that, at about 4.00 p.m., on 1.9.2003 when he was standing in front of Shilpa Hotel in Bangalore City near Bowring Hospital, at that time, the driver of the Scooter bearing No KA.09.H.9724 came from Commercial Street from east to west with high speed in a rash and negligent manner and dashed against his Scooter, due to which, he sustained fracture of upper shaft of tibia with depression and comminuted fracture of neck of fibula. Immediately, he was admitted to Bowring Hospital, where he took treatment as inpatient for one month and Doctor has assessed the disability at 40% to the particular limb and 20% to the whole body and he has spent reasonable amount for treatment and other incidental expenses. On account of the injuries sustained by the appellant in the said accident, he has filed a claim petition before the Tribunal, claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 54,500/- as compensation under different heads with interest at 8% p.a., from the date of petition till the date of realisation. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement of compensation, on the ground that the amount awarded by the Tribunal is inadequate.
We have heard the learned Counsel appearing for appellant and learned Counsel appearing for second respondent-Insurance Company.
After careful perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, it emerges that, the Tribunal after assessing the oral and documentary evidence available on record and after taking into consideration the age and occupation of the appellant, has awarded a sum of Rs. 6,000/- towards loss of income during the period of treatment. The said compensation awarded by the Tribunal is just and reasonable and it does not call for interference.
However, the Tribunal has awarded only a sum of Rs. 22,500/- towards pain and sufferings, Rs. 11,000/- towards medical expenses, conveyance, nourishing food and attendant charges and a sum of Rs. 15,000/- towards loss of amenities. The said compensation awarded by the Tribunal is inadequate and it needs to be enhanced, for the reason that, on account of the injuries sustained by the appellant in the accident as referred above, he has taken treatment as inpatient for more than one month and on account of the injuries, he has suffered permanent disability. The Doctor has assessed the permanent disability to the particular limb at 40% and at 20% to the whole body. Further, the Doctor has deposed that, on examination he found that the appellant was unable to walk and he could not do his profession, being a tailor. It is the case of the appellant that during the period of treatment he has spent reasonable amount towards medical expenses, conveyance and other incidental charges. But, the Tribunal has failed to take into consideration these aspects of the matter and also the nature of injuries sustained, the nature and duration of the treatment taken by the appellant, while awarding compensation. Therefore, taking all these factors into consideration, we award a sum of Rs. 30,000/- towards pain and sufferings instead of Rs. 22,500/-, a sum of Rs. 15,000/- towards medical expenses, conveyance nourishing food and attendant charges instead of Rs. 11,000/-, a sum of towards loss of amenities instead of Rs. 15,000/- awarded by the Tribunal.
Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified. The octal compensation payable comes to Rs. 71,000/- and the breakup is as follows:
Towards pain and sufferings Rs. 30,000/- Towards medical expenses, Rs. 15,000/- conveyance, nourishing food and attendant charges Towards loss of income during the Rs. 6,000/- period of treatment Towards loss of amenities Rs. 20,000/- Total Rs. 71,000/-
Accordingly, the appeal is allowed in part and the impugned judgment and award passed by the Tribunal in MVC No.5201/2003 stands modified, granting a compensation of Rs. 71,000/- instead of Rs. 54,500/- (enhanced compensation comes to Rs. 16,500/-).
The Insurance Company is directed to deposit the enhanced compensation of Rs. 16,500/- with interest at 6% p.a., from the date of petition till the date of realisation, within four weeks from the date of receipt of the copy of this judgment and award.
The enhanced compensation shall be released in favour of the appellant, immediately, on deposit by the Insurance Company.
Draw the award, accordingly.