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Judgment
N.K. Patil, J.—This is a claimant''s appeal against the impugned judgment and award dated 25/05/2009 passed in MVC No. 3585/2006, by the VI Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru City, (for short ''Tribunal''), for enhancement of compensation. By its judgment and award, the Tribunal has awarded a sum of Rs. 91,000/- under different heads with interest at 6% p.a., from the date of petition till the date of realization as against the claim made by the appellant for a sum of Rs. 20,40,000/-, on account of the injuries sustained by him in the road traffic accident.
In brief, the facts of the case are:
The appellant claims to be aged about 40 years at the time of the accident. He was hale and healthy prior to the accident. That at about 9.30 p.m., on 30.11.2005, while appellant was returning home in his motor cycle bearing Reg. No. KA.05.EH.3626 in Maruthinagar Main Road and when he came in front of Raghavendra Bakery, at that time, the driver of the auto bearing Reg. No. KA.03.5351 came in a rash and negligent manner from opposite side and dashed it against his motorcycle. Due to which, he fell own and sustained grievous injuries on his right knee. Immediately, he was taken to Kaveri Nursing Home and then to St. Johns Medical College Hospital, where he was treated conservatively with POP and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment.
It is the further case of the appellant that he spent considerable amount towards medical and other incidental charges and on account of the injuries sustained by him, he has suffered permanent disability. The Doctor has assessed the disability at 35% to right lower limb and at 11.5% to the whole body. Therefore, appellant has filed a claim petition before the Tribunal u/s 166 of M.V. Act, 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. 91,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till the date of realization.
Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.
We have heard the learned counsel appearing for appellant.
The submission of the learned counsel for the appellant is that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings, towards loss of amenities and in not awarding any compensation towards future medical expenses contrary to the evidence of the Doctor. Therefore, she submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation on account of the injuries sustained by the appellant in the accident.
After hearing the learned counsel for the appellant and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident and the resultant injuries sustained by the appellant are not in dispute. It is also not in dispute that, appellant was aged about 40 years as on the date of the accident, hale and healthy and he doing Garments Business. Further it emerges that, the Tribunal after assessing oral and documentary evidence, taking into consideration the nature and durations of treatment, particularly, the medical bills produced by the appellant, has rightly awarded a sum of Rs. 4,147/- towards medical expenses, Rs. 3,000/- towards food and nourishment, Rs. 57,960/- towards loss of future income, Rs. 6,000/- towards loss of earning during treatment period and therefore, interference by this Court is not called for.
However, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings, towards loss of amenities and in not awarding any compensation towards future medical expenses sand therefore, it needs to be modified. Admittedly, it is not in dispute that, on account of the injuries sustained by the appellant as per Ex.P6- wound certificate, he has suffered lot of pain and agony and the Doctor has assessed the disability at 11.5% to the whole body and. it will come in the way of his happiness in future life. As per the evidence of the Doctor, appellant has to undergo one more surgery and the tentative cost of the same may be around 10 to 20 thousand. The disability is s permanent in nature, he has to suffer this disability through out his life and it would affect his happiness, comforts and amenities in future life. Discomforts and unhappiness persists through out his life. Taking all these aspects into consideration, we award a sum of Rs. 25,000/- towards pain and sufferings instead of Rs. 15,000/-, Rs. 15,000/- towards loss of amenities, comforts and happiness due to disability instead of Rs. 5,000/- and Rs. 10,000/- towards future medical expenses. Thus, the appellant is entitled to the total compensation of Rs. 21,107/- instead of Rs. 91,000/- and the break- up is as follows:
Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 25/05/2009 passed in MVC No. 3585/2006, by the VI Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru City, stands modified, awarding the compensation of Rs. 30,107/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The Insurer is directed to deposit the enhanced compensation of Rs. 30,107/- with interest at 6% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment.
Immediately on deposit by the Insurer, the entire enhanced compensation with interest shall be released in favour of appellant.
Draw the award, accordingly.