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Judgment
N.K. Patil, J.—These two appeals by the owner and driver of the offending vehicle and the claimant are arising out of the same judgment and award dated 15/01/2005 passed in MVC No. 98/1997 by the Principal Civil Judge (Sr. Dn.) and CJM and Motor Accidents Claims Tribunal, Kolar. (hereinafter referred to as ''Tribunal'' for short).
The Tribunal by its judgment and award has awarded a sum of Rs. 35,000/- under different heads until interest at 6% per annum from the elate of petition till its payment, as against the claim of the claimant for a sum of Rs. 4,00,000/-, on account of the injuries sustained by him in the road traffic accident.
In brief, the facts of the case are:
The injuries sustained by the claimant in the accident that occurred on 9.11.1996 at about 10.30 a.m. near Eucalyptus grove near Madivala due to the rash and negligent driving by the driver of the Tempo bearing No. KA.08.923 are not in dispute. On account of the injuries sustained by the claimant, he has taken treatment as inpatient for 12 days and spent considerable amount towards medical expenses, conveyance and other incidental charges. It is the further case of the claimant that, he was aged about 60 years, retired Teacher and hale and healthy prior to the accident. Taking all these aspects into consideration, claimant has filed a claim petition before the Tribunal. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 35,000/- under different heads with interest at 6% p.a., from the date of petition till its payment, fastening the liability on the driver and owner of the offending vehicle. Being aggrieved by the judgment and award passed by the Tribunal, the driver and owner of the offending vehicle have filed an appeal contending that, the liability fastened on them cannot be sustained and is liable to be set aside and the claimant has presented an appeal, for enhancement of compensation contending that the compensation awarded by the Tribunal is inadequate.
We have heard Sri P. Mahesha, learned Counsel appearing for the driver and owner of the offending vehicle and Sri Santhosh Kumar K.P. on behalf of Sri Venkatesh R. Bhagat, learned Counsel for the claimant at considerable length of time.
After careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, it emerges that, the Tribunal after going through the oral and documentary evidence available on file, taking into consideration the nature of injuries sustained, the nature and duration of the treatment taken by the claimant, has awarded Rs. 20,000/- towards injury pain and sufferings, Rs. 8,000./- towards medical expenses and Rs. 7,000/- towards conveyance, nourishing food and attendant charges, which is just and reasonable and therefore, interference by this Court, is not called for.
However, the Tribunal has erred in not awarding any compensation towards loss of amenities, discomforts and unhappiness suffered by the claimant on account of the injuries sustained by the claimant and therefore, it needs to be awarded. Having regard to the nature of injuries sustained by the claimant, which he has to persists through his life, we deem it fit to award Rs. 10,000/- with interest at 8% p.a., from the date of the petition till its realisation under this head and accordingly, it is awarded.
However, learned Counsel for the driver and owner of the offending vehicle submitted that, the vehicle in question is not at all involved in the accident, for the reason that, the claimant was suffering from known epileptic from last 10 years and due to which, he fell down and sustained injuries and therefore, fastening the liability on the owner of the offending vehicle is not sustainable. The above submission made by learned Counsel for the driver and owner of the offending vehicle cannot be accepted and is liable to be rejected, for the reason that, charge sheet has been filed against the driver of the offending vehicle and a criminal case was also initiated against him in CC 870/1997 as per Ex. P-12. Further, it emerges that, the Tribunal, after assessing the oral and documentary evidence has recorded a finding of fact holding that, the accident has occurred due to the rash and negligent driving by the driver of the tempo. The said finding of fact recorded by the Tribunal after assessing the oral and documentary evidence is just and proper and therefore interference by this Court is not called for. Hence, we reject the above submission of the learned Counsel for the driver and owner of the offending vehicle.
For the foregoing reasons, the appeal filed by the driver and owner of the offending vehicle in M.F.A. No. 3641/2005 is dismissed as devoid of merits and the appeal filed by the claimant in M.F.A. No. 1524/2005 is allowed in part.
The impugned judgment and award dated 15th January 2005 passed by the Tribunal in MVC No. 98/1997 is hereby modified, awarding the compensation of Rs. 10,000/- with interest at 6% p.a., from the date of petition till its realization in addition to the compensation awarded by the Tribunal.
The owner of the offending vehicle is directed to deposit the enhanced compensation with interest, within a period of four weeks from the date of receipt of a copy of this judgment and award.
The enhanced compensation shall be released in favour of the claimant immediately, on deposit by the owner of the offending vehicle.
The amount deposited by the owner of the offending vehicle in M.F.A. No. 3641/2005 shall be transmitted to the Tribunal, forthwith.
Office is directed to draw the award, accordingly.