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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 04.06.2010 passed in MVC No. 52/2009 on the file of the II Addl. Senior Civil Judge and Additional MACT, Chitradurga, (hereinafter referred to as Tribunal'' short) for enhancement of compensation.
By its judgment and award, the Tribunal has awarded a sum of Rs. 47,000/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by him in the road traffic accident. Being dissatisfied with the quantum of compensation awarded by the Tribunal, appellant has presented this appeal, seeking enhancement of compensation.
The brief facts of the case in hands are :
"The appellant was aged about 40 years as on the date of accident, hale and healthy prior to the accident and by profession he was a Carpenter. He met with an accident on 06.10.2008, at about 5.00 p.m. The appellant along with the respondent No. 1 was traveling as a pillion rider in Hero Honda Splendor motor bike bearing registration No. KA-16-Q-7006 belonging to R-1 When the appellant and respondent No. 1 were traveling in Holalkere Road in front of the Barageramma Temple, the vehicle in which the appellant and respondent No. 1 were traveling got slipped beside the road. Due to the impact, the appellant sustained fracture of the right knee and also the grievous injuries and the simple injuries, on account of which he has undergone treatment as an inpatient for more than 16 days. He claimed that he was a carpenter by profession and earning a sum of Rs. 10,000/- per month. It is the case of the claimant that he has spent considerable amount towards medical expenses, conveyance, nourishing food and attendant charges. He suffered mental pain and agony during treatment period and has to endure the discomfort and unhappiness through out his life. He has spent huge amount towards transportation and the Doctor has advised to take rest. Taking all these facts into consideration, he filed the claim petition under Section 166 of MVC Act 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 the sides and after appreciating the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 47,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, appellant has presented this appeal, seeking enhancement of compensation."
I have gone through the grounds urged by the appellant. It is the case of the appellant that he was aged about 40 years, a carpenter by profession and earning more than Rs. 10,000/- per month. He was hale and healthy prior to the date of accident. On account of the injuries sustained, he undergone treatment, the doctor who treated the appellant after clinical and medical examination assessed 5% disability to the whole body.
The submission of the learned counsel appearing for the appellant is that, the Tribunal has erred in assessing the income of the appellant at only Rs. 100/- per day. The same has to be re-assessed. Further what has been awarded towards Pain and suffering, conveyance, nourishing and attendant charges, loss of income during laid up period is on the lower side and it requires enhancement by modifying the impugned judgment and award passed by the Tribunal.
After considering the submissions made by the learned counsel appearing for the appellant and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:
"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"
Occurrence of the accident resulting in the injuries to the appellant is not in dispute. Further it is not in dispute that the appellant was aged about 40 years as on the date of accident, hale and healthy prior to the accident. He met with an accident, on account of which he undergone treatment as an inpatient for more than 15 days. The doctor who treated him has assessed 5% permanent disability to the whole body. On the advise of the doctor, he might have undergone bed rest and follow up treatment at least for a period of 3 months and might have spent reasonable amount towards medical expenses and conveyance, nourishing food and attendant charges and also suffered mental pain and agony during treatment and has to suffer discomfort and unhappiness through out his life.
Having regard to the age, avocation, year of the accident, nature of injuries sustained and duration of treatment, I can safely reassess the income of the appellant at Rs. 4,500/- per month.
Taking all these facts into consideration, I deem it to fit award Rs. 25,000/- towards Pain and suffering, as against Rs. 10,000/- awarded by the Tribunal, Rs. 10,000 towards conveyance, nourishing food and attendant charges, Rs. 13,500/- (Rs. 4,500 x 3 months) towards Loss of income during laid up period, Rs. 15,000/- towards Loss of amenities and Rs. 1,05,300/- (Rs. 4,500 x 12 x 13 x 15/100) towards Loss of future income. The Tribunal has rightly awarded the compensation of Rs. 10,000/- towards medical expenses. Therefore, it does not call for interference. In all, the appellant is entitled to Rs. 1,78,800/- with interest at 6% per annum from the date of petition till realization as against Rs. 47,000/- awarded by the Tribunal and the break up is as follows:
The instant appeal filed by the appellant is allowed. The impugned Judgment and Award dated 04.06.2010 passed in MVC No. 52/2009 is hereby modified by awarding Rs. 1,78,800/- with 6% interest from the date of petition till mobilization as against Rs. 47,000/- awarded by the Tribunal.
The 2nd respondent-Insurer is directed to deposit the entire compensation awarded by the Tribunal including the enhanced compensation of Rs. 1,31,800/- awarded by this Court, after deducting the amount if any already deposited by it, 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.
Out of the enhanced compensation of Rs. 1,31,800/-, 50% of the amount with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled or Grameen Bank, in the name of the appellant for a period of five years, renewable for five years with liberty to him to withdraw the interest accrued on it, periodically.
The remaining 50% of the amount with proportionate interest shall be released in favour of the appellant, immediately, on deposit by the Insurer.
Draw the award, accordingly.