N.K. Patil, J.@mdashThis appeal by the claimant is directed against the impugned judgment and award dated 05/10/2013 passed in MVC No. 6112/2012 on the file of the II Additional Small Causes Judge, 28th ACMM, Motor Accident Claims Tribunal, Bengaluru (SCCH.13).
2. The brief facts of the case are as follows:--
"It is the case of the appellant/claimant that on 16.8.2013 at about 5.00 p.m. when he was proceeding near Shivajinagara bus stand, the bus bearing NO.KA01 FA 1332, driven by its driver in a high speed and in a rash and negligent manner, dashed against the claimant due to which he fell down and the right wheel of the bus ran over his right leg. Immediately he was shifted to Bowring hospital, where first-aid treatment was given and later was shifted to Chord Road Hospital, Bangalore.
It is his further case that in the accident, he sustained grievous injuries on account of which he was treated as inpatient for a period of 25 days, undergone surgery, spent huge amount towards medical expenses, conveyance nourishing food and attendant charges.
It is his further claim that he was a private contractor doing painting and plumbing work earning Rs. 15,000/- p.m., and hale and healthy prior to the accident and due to the injuries sustained in the accident, he is not able to carry on his work as effectively as earlier. Hence, he filed claim petition claiming compensation in a sum of Rs. 28,00,000/-."
3. The said matter had come up for consideration before the Tribunal and the Tribunal by its impugned judgment and award has awarded a sum of Rs. 5,61,145/- with interest at 6% p.a. from the date of petition till realization on account of the injuries sustained by the claimant in the road traffic accident. The claimant not being satisfied with the quantum of compensation awarded, has presented this appeal.
4. Learned counsel for the appellant, Sri. T.C. Satishkumar, contended that the Tribunal has erred in not awarding reasonable compensation to the appellant towards injury, pain and suffering, conveyance nourishing food and attendant charges, loss of amenities and loss of future income. To substantiate this, he is quick to point out that on account of the grievous injuries sustained in the accident, doctor has opined that the appellant has suffered disability to the extent of 81% to the limb and 24.3% to the whole body. Though the Tribunal has taken the disability at 24% to the whole body, it has erred in taking the income of the appellant at only Rs. 5,000/- p.m. though he had claimed to be earning Rs. 15,000/- p.m. from his avocation as a contractor doing painting and plumbing and now, he is not able to carry on his avocation. Therefore, his income may be re-assessed taking into consideration his age being 45 years, avocation and year of accident being 2012 and compensation awarded may be enhanced under the heads stated supra. Further, the interest awarded by the Tribunal at 6% p.a. on the compensation amount is also on the lower side having regard to the judgments of the Apex Court and this Court and the interest is liable to be enhanced to 9% to 10% p.a.
5. As against this, the learned counsel for the Corporation sought to substantiate the impugned judgment and award of the tribunal and submitted that since the compensation awarded is just and reasonable, no interference is called for. However, having regard to the nature of injuries sustained, year of accident and the avocation of the appellant, he fairly submitted that the claim of the appellant may be reconsidered by modifying the impugned judgment and award.
6. After careful consideration of the contentions on both sides and after consideration of the oral and documentary evidence on record, the point that arises for our consideration is,
"Whether the quantum of compensation awarded by the tribunal is just and reasonable?''"
7. The occurrence of the accident and the injuries suffered by the appellant on account of the accident, date of accident, his age, and avocation are not disputed. Therefore, taking these factors into consideration, we can safely re-assess his income at Rs. 6,500/- p.m. to meet the ends of justice.
Further, it emerges from the records that the appellant has taken treatment for a period of 25 days and also undergone a surgery. The appellant has examined the doctor who has treated him, who on clinical examination has assessed his whole body disability to the extent of 24.3% and the Tribunal has taken the whole body disability as 24%, and we accept the same.
8. Further, on account of the injuries he might have undergone lot of pain and suffering and during the treatment period, he might have spent considerable amount towards conveyance, nourishing food and attendant charges and we presume on advice of doctor he might have continued his treatment at least for a period of 3 months. Further, due to the injuries sustained, he is not able to continue his avocation and the discomfort and unhappiness caused due to this will continue throughout his life.
9. Therefore, taking all these factors into consideration, we enhance compensation as follows i.e. towards injury pain and suffering, Rs. 1,00,000/- as against Rs. 70,000/-, towards conveyance, nourishing food and attendant charges, Rs. 20,000/- as against Rs. 18,000/-, towards loss of income during laid up period, Rs. 19,500/- (Rs. 6500/- x 3) as against Rs. 16,500/-, towards loss of amenities, Rs. 75,000/- as against Rs. 40,000/- and towards loss of future income, Rs. 2,62,080/- (Rs. 6500/- x 12 x 24/100 x 14) as against Rs. 2,21,750/-.
Further, the Tribunal is justified in awarding Rs. 1,84,885/- towards medical expenses, which is awarded as per the bills produced and Rs. 10,000/- towards future medical expenses, which are just and reasonable and does not call for interference.
Further, as rightly pointed out by the learned counsel for the appellant, the interest awarded at 6% p.a. is enhanced to 9% p.a. from the date of petition till realisation having regard to the ratio of law laid down in several judgments of the Apex Court and this Court in this regard.
Thus, the compensation is enhanced by Rs. 1,10,320/- which carries interest at 9%p.a. from the date of petition till realization.
10. Having regard to the facts and circumstances of the case as stated supra, we pass the following:--
@JUDGMENTTAG-ORDER
i) The appeal is allowed in part;
ii) The impugned judgment and award dated 05/10/2013 passed in MVC No. 6112/2012 on the file of the II Additional Small Causes Judge, 28th ACMM, Motor Accident Claims Tribunal, Bangalore (SCCH.13) is hereby modified;
iii) The total compensation payable comes to Rs. 6,71,465/- as against Rs. 5,61,145/- awarded by the tribunal. The enhanced compensation payable comes to Rs. 1,10,320/- which carries 9% interest per annum from the date of petition till realisation.
iv) The respondent-Corporation is directed to deposit the enhanced compensation of Rs. 1,10,320/- with interest at 9%p.a., from the date of petition till the date of realisation, within three weeks from the date of receipt of a copy of this judgment and award.
v) 50% of the enhanced compensation, with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the appellant for a period of five years and renewable for another five years, with liberty to him to withdraw the periodical interest accrued on it.
Remaining 50% of the enhanced compensation with proportionate interest shall be released in favour of the appellant, immediately, on deposit by the Corporation."
Draw the award, accordingly.
