V. Vasudeva Udupa vs M.R. Sathish and Others

S.N. Satyanarayana, J.

Claimant in MVC. No. 920/2010 on the file of MACT, Shimoga, has come up in this appeal seeking enhancement of compensation. Though this matter has come up for orders, at the request of learned counsel for the parties, it is taken up for final disposal.

Brief facts leading to filing of this appeal are as under:

Claimant before the tribunal, who is aged about 45 years, an agriculturist and Purohith met with an accident on 30.4.2010 at about 9.00 am., while he was riding motor cycle bearing registration No. KA-15/L. 1263. It is stated that he was hit by Tata Ace bearing registration No. KA-15/5000 resulting in fracture of shaft of right femur with lacerated wound over the right knee and right little toe to claimant. Immediately after the accident claimant was taken to Government hospital, Hosanagara for first-aid treatment and thereafter, to Tejaswini hospital, Mangalore, where he was inpatient from 30.4.2010 to 14.5.2010. He was again readmitted to said hospital on 6.6.2011 and was in said hospital up to 8.6.2011. With this, it is seen that claimant was in hospital for a period of 18 days, during which period he has undergone surgery to the injury suffered in aforesaid accident. Thereafter, claim petition was filed by claimant seeking compensation from the owner and insurer of offending Tata Ace vehicle.

In the claim proceeding, the contesting respondent - insurance company contested the claim petition. Thereafter, the tribunal based on the pleadings in claim petition and evidence adduced by the parties proceeded to allow the claim petition awarding compensation to claimant in a sum of Rs. 1,18,800/- payable with interest at 6% pa., from the date of petition till date of payment of entire amount. Being aggrieved by the same, claimant has come up in this appeal seeking enhancement of compensation.

Heard the learned Counsel for appellant as well as respondent - insurance company. Perused the judgment impugned as well as grounds of appeal with reference to record of Tribunal i.e., pleadings, evidence and exhibits, which the counsel for parties made available to this Court for reference. On going through the same, this Court feel that accident not being in dispute, so also injury suffered by claimant, the claimant having undergone treatment in Tejaswini Hospital, Mangalore, for 18 days and thereafter, visited said hospital on more than four occasions for follow-up treatment, is not properly considered by tribunal while awarding compensation. In that view of the matter, it has resulted in meager compensation being awarded to claimant, which is required to be reassessed in this appeal.

On reappreciation, it is seen that claimant has suffered fracture of right thigh, for which compensation awarded in a sum of Rs. 25,000/- towards pain and suffering, is just and proper. So for as medical expenses is concerned, claimant has produced bills to the tune of Rs. 47,085/-. Accordingly, while awarding compensation towards medical expenses, the attendant charges, special diet and conveyance is also included to that and totally a sum of Rs. 58,885/- is awarded, which is not correct for the reason that claimant is resident of Hosanagara in Shimoga district, whereas he has taken treatment in Tejaswini hospital, which is situated at Mangalore, about 150 kms., away from the place of his residence. Therefore, necessarily he would have had an attendant staying at Mangalore throughout attending to him while he was in hospital during 18 days and accompanied him on 5 occasions when he has gone for follow-up treatment. In that view of the matter, in addition to compensation awarded towards medical expenses and others, Rs. 10,000/- is awarded towards attendant charges and special diet and Rs. 10,000/- towards conveyance for five occasions as it is stated that he has taken a private vehicle on hire to travel to Mangalore. It is seen that the Tribunal has awarded a sum of Rs. 20,000/- towards future unhappiness and loss of amenities, it is retained as it is.

So far as disability is concerned, medical evidence is to the effect that claimant has suffered limb disability to an extent of 10%. If it is taken to whole body it will come to 3V2 %. It is stated that claimant being a Purohith and injury that is caused to him is to the right thigh, it may not be possible for him to squat for hours performing purohith rituals, on which he is eking out his life. In that view of the matter, the whole body disability cannot be restricted to 3V2 %, hence, it is taken at 5%. Since the accident is of the year 2010, notional income is taken at Rs. 6,000/- pm., taking into consideration the salary paid for NAREGA employees and accordingly, loss of future income is assessed at Rs. 50,400/- (Rs. 6,000/- x5% x12x14). In addition to that claimant is also entitled to compensation towards loss of income during laid up period for a period of three months i.e., at Rs. 18,000/- (Rs. 6000/- x3). With this, claimant is entitled to revised compensation at Rs. 1,92,285/-, the split-up is as hereunder:

In the result, the appeal is allowed in part. The judgment and award dated 31.5.2012 passed in MVC. No. 920/2010 on the file of MACT, Shiomoga, is modified and the compensation awarded by Tribunal is enhanced from Rs. 1,18,800/- to Rs. 1,92,285/- payable with interest at 6% pa., from the date of petition till date of payment of entire amount. If the compensation earlier awarded with interest is already deposited, the respondent insurance company shall deposit the enhanced compensation with interest within eight weeks from the date of receipt of certified copy of judgment in this proceeding.