Karnataka High Court
Sri R Dinesh vs Sri C Rajesh on 16 October, 2012
Bench: N.K.Patil, B.S.Indrakala
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF OCTOBER, 2012
:PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MRS.JUSTICE B.S.INDRAKALA
M.F.A.No.3366 OF 2008 (MV)
Between:
Sri. R.Dinesh,
S/o. Late G.Ramamurthy,
Aged about 39 years,
R/at. No.14, I Main,
Kempanna Layout,
Seshadripuram, Bangalore.
...Appellant
(By K.N.Harish Babu & Associates, Advocates)
And :
1. Sri. C.Rajesh,
S/o. Chinnappayan,
No.55, Siddappa Lane,
Cubbonpet, Bangalore-2.
2. The Branch Manager,
M/s. The Oriental Insurance Co., Ltd.,
No.19/1, I Floor, 3rd Cross,
Chikkanna Garden, Shankarmatt
Compound, Chamarajpet,
Bangalore-4.
...Respondents
(By Sri. S.Y.Shivalli, Advocate for R2;
Notice to R1 is dispensed with v/o. dated 17/11/2009)
2
This MFA is filed U/S 173(1) of MV Act against the
judgment and award dated: 30/07/2007 passed in MVC No.
6441/2004 on the file of the Judge and Member, Motor
Accident Claims Tribunal, Bangalore (SCCH-9), partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
This M.F.A. coming on for Hearing this day,
N.K. PATIL J, delivered the following:
:J U D G M E N T:
This is a claimant's appeal for enhancement of compensation against the impugned judgment and award dated 30/07/2007 passed in MVC No. 6441/2004 by the Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-9), ( for short ' Tribunal'), on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires to be enhanced.
2. By its judgment and award, the Tribunal has awarded a sum of `2,20,000/- under different heads with interest at 6% p.a., (excluding the interest on the compensation awarded towards future medical expenses) from the date of petition till the date of deposit as against the claim made by the appellant for a sum of `25,00,000/-, 3 on account of the injuries sustained by him in the road traffic accident.
3. In brief, the facts of the case are:
The appellant claims to be aged about 35 years at the time of the accident. He was hale and healthy prior to the accident and was a Managing Partner in Brindavan Traders situated in 1st Main Road, Sheshadripuram and earning `40,000/- per month. That at about 8.45 p.m., on 18.8.2004, while the appellant was riding his scooter bearing No.KA.04.EE.2723 on Subramanyaswamy Temple road from south to north and when he came near 3rd cross, Kumara Park West, at that time, the driver of the auto bearing No.KL.08.A.9671 came from east to west with high speed in a rash and negligent manner and dashed against his scooter.
Due to which, he fell down and sustained fracture over the right leg and injuries on right knee, right leg and other parts of the body. Immediately, he took first aid at Jayashree Nursing Home and then shifted to North Side Manipal Hospital, where he took treatment as inpatient from 18.8.2004 to 10.11.2004 and 9.9.2006 to 12.9.2006, 4 underwent surgeries, implants were inserted and thereafter, he took follow up treatment and bed rest.
4. 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 as referred above, he has suffered permanent disability. The Doctor has assessed the disability at 75% to the right lower limb. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents.
5. 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 `2,20,000/- as compensation under different heads with interest at 6% p.a., (excluding the interest on the compensation awarded towards future medical expenses)from the date of petition till the date of deposit 5
6. Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal for enhancement of compensation.
7. We have heard the learned counsel appearing for appellant and learned counsel for respondents.
8. After hearing the learned counsel for the parties and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, we are of the considered view that 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 has sustained fracture of tibial condyle and other injuries, for that he has taken treatment as inpatient in Manipal Northside Hospital. Further it emerges that, the Tribunal after assessing oral and documentary evidence, particularly, the medical bills produced by the appellant, has justified in awarding a sum of `1,15,000/- towards medical expenses and therefore, interference by this Court is not called for. 6
9. However, the Tribunal has erred in not awarding reasonable compensation towards pain and sufferings, towards loss of amenities, discomforts and unhappiness and towards conveyance, nourishing food and attendant charges and towards future medical expenses and therefore, it needs to be enhanced. Admittedly, it is not in dispute that, on account of the injuries sustained by the appellant as referred above, he has taken treatment as inpatient, underwent surgeries, implants were inserted and on the advice of the Doctor he might have taken bed rest and follow up treatment and during the said period he might have undergone pain and agony, incurred financial loss as he could not have attended his work and he might have spent considerable amount towards conveyance and other incidental charges. Further, in view of the injuries sustained by the appellant, he has suffered permanent disability. The Doctor has deposed that, appellant has suffered disability at 75% to right lower limb and 1/3rd of which, i.e. 25% would be the whole body disability and it is permanent in nature, he has to suffer this disability through out his life 7 and it would affect his happiness, comforts and amenities in future life. The Tribunal has assessed the income of the claimant at `10,000/- per month which is on lower side and it needs to be enhanced. It is the case of the claimant that he was a Managing Partner in Brindavan Traders and earning `40,000/- per month and to prove the same, he has produced the income tax returns form for 2004-2005. Having regard to the age, occupation of the claimant and year of accident, we reassess his income at `11,000/- per month. The injuries sustained by him has resulted in permanent disability and now he is not in a position to discharge his duties effectively. Taking all these aspects into consideration, we award a sum of `50,000/- towards pain and sufferings; `50,000/- towards conveyance, nourishing food and attendant charges, `33,000/- towards loss of income during the treatment period, `1,00,000/- towards loss of amenities, discomforts and unhappiness due to disability and `20,000/- towards future medical expenses. In all, the appellant is entitled to the total compensation of 8 `3,68,000/- instead of `2,20,000/- and the break- up is as follows:
Towards pain and sufferings ` 50,000/-
Towards medical expenses ` 1,15,000/-
Towards conveyance, nourishing food ` 50,000/-
and attendant charges
Towards loss of amenities, due to ` 1,00,000/-
disability
Towards loss of income during treatment ` 33,000/-
period
Towards future medical expenses ` 20,000/-
Total ` 3,68,000/-
10. 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 30/07/2007 passed in MVC No. 6441/2004 by the Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-9), stands modified, awarding the compensation of `3,68,000/- instead of `2,20,000/-. There would be an enhancement of `1,48,000/- with interest at 6% p.a., from the date of petition till its realisation.
The Insurer is directed to deposit the enhanced compensation of `1,48,000/- with interest at 6% p.a., from the date of petition till the date of realization, within three 9 weeks from the date of receipt of a copy of this judgment and award.
Immediately on deposit by the Insurer, out of the enhanced compensation of `1,48,000/-, a sum of `1,00,000/- with proportionate interest shall be invested in the Fixed deposit in any Nationalised or Scheduled Bank, in the name of the appellant for a period of ten years and renewable by another ten years, with liberty reserved to him to withdraw the interest accrued on it, periodically.
The remaining sum of `48,000/- with proportionate interest shall be released in favour of appellant immediately.
Draw the award, accordingly.
SD/-
JUDGE SD/-
tsn* JUDGE