G.R. Gopalareddy. S/O. RangappA. Vs. M/S. New India Ass. Co.. Ltd, and anr. - Court Judgment

Excerpt:
[mr. justice n.k. patil, j.] this mfa is filed u/s 173(1) of mv act, against the judgment and award dated: 01/03/2007 passed in mvc no. 557/2005 on the file of the i additional civil judge(sr.dn), additional mact, chitradurga. partly allowing the claim petition for compensation and seeking enhancement of compensation.1. this appeal by the claimant is directed against the impugned judgment and award dated is' march 2007, passed in m.v.c.no.557/2005, by the i additional civil judge(sr.dn). additional motor accident claims tribunal. chitradurga. (lor short. tribunal' ) for enhancement of compensation on the ground that, the compensation of rs.60,000/- awarded in favour of the claimant as against his claim for rs.03.15 lakhs, is inadequate.2. the appellant claims to be aged about 48 years, an agriculturist find hale and healthy prior to the date of accident. that the occurrence of accident at about 8:30 p.m.. on 30-01-2005 while moving in the autorickshaw near jalikatte cross on bheemasamudra road on account of rash and negligent driving by the driver of the said auto and the resultant injuries sustained by the appellant are not in dispute.3. it is the case of the appellant that on account of the accident, he sustained crush injury to right hand of all fingers and 3rd, 4th and 5th fingers have deformed and twisted thereby lost function due lo loss of flexion, fracture of right clavicle middle phalanges, proximal phalanges, contusion of left hip joint and other bodily injuries. he has undergone treatment for about ten days as inpatient and during this period, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.4. on account of the injuries sustained in the accident, the appellant filed the claim petition under section 166 of the motor vehicles act, before the tribunal, seeking compensation of a sum of rs.3. 15 lakhs against the respondents. the said claim petition had come up for consideration before the tribunal on 1st march, 2007. the tribunal, after considering the relevant material available on file and. after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of rs.60,000/- with interest at 6% per annum from the date of petition till the date of deposit. being dissatisfied with the quantum of compensation awarded by the tribunal, the appellant is in appeal before this court, seeking enhancement of compensation.5. i have heard learned counsel for appellant and learned counsel for insurance company, for considerable length of time.6. after hearing learned counsel for the parties and after perusal of the judgment and award passed by tribunal including the original records placed before me, i am of the view that, the tribunal has erred in not taking into consideration the nature of injuries sustained by the appellant while awarding compensation. the appellant has sustained the injuries as stated above and the disability as per the disability certificate is 35% to 40%. the appellant at this age. has to endure the disability on account of the injuries sustained. it is stated that injury no.3 is fracture of proximal inter phalanx and injuries 4 and 5 are fracture of phalanx and injury no.6 is fracture of right clavicle. further, during the period of treatment, he might have spent reasonable amount towards conveyance, nourishing food and attendant charges apart from medical and other incidental expenses and might, have taken bed rest and follow up treatment for a period of three months. therefore, having regard to all these aspects, i deem it fit to award a sum of rs.30,000/- towards pain and sufferings, rs.10,000/- towards conveyance, nourishing food and attendant charges, rs.9,000/- towards loss of income during treatment period, rs. 10,000/- towards loss of amenities, discomfort and unhappiness, rs.10.000/- towards medical expenses, and rs.46,800/- (i.e. rs.3,000/- x 12 x 13 x 10/100). towards loss of future income, taking the monthly income at rs.3.000/-, disability at 10% and applying multiplier of 13' having regard to his age as against the total compensation of rs.60,000/ awarded by tribunal.7. in the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part. the impugned judgment and award dated is' march 2007, passed in m.v.c.no.557/2005. by the i additional civil judge(sr.dn), additional motor accident claims tribunal, chitradurga. is hereby modified, awarding a sum of rs.1,15,800/- as against rs.60,000/- awarded by tribunal, with interest at 6% per annum, on the enhanced sum, from the date of petition till the date of realization. there would be enhancement of rs.55,800/-. the insurance company is directed to deposit the enhanced compensation of rs.55,800/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award. on such deposit by the insurance company, the entire sum shall be released in favour of the appellant, immediately however, liberty is reserved to the first respondent - insurer to recover the compensation amount from the owner of the offending vehicle, in the light of the judgment of this court dated 11th september 2008 in m.f.a.no.7167/2007 (new india assurance co.ltd. vs.(g.r. gopala reddy and another). office to draw award, accordingly.

Judgment:
1. This appeal by the claimant is directed against the impugned judgment and award dated Is' March 2007, passed in M.V.C.No.557/2005, by the I Additional Civil Judge(Sr.Dn). Additional Motor Accident Claims Tribunal. Chitradurga. (lor short. Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.60,000/- awarded in favour of the claimant as against his claim for Rs.03.15 Lakhs, is inadequate.

2. The appellant claims to be aged about 48 years, an agriculturist find hale and healthy prior to the date of accident. That the occurrence of accident at about 8:30 P.M.. on 30-01-2005 while moving in the autorickshaw near Jalikatte cross on Bheemasamudra road on account of rash and negligent driving by the driver of the said auto and the resultant injuries sustained by the appellant are not in dispute.

3. It is the case of the appellant that on account of the accident, he sustained crush injury to right hand of all fingers and 3rd, 4th and 5th fingers have deformed and twisted thereby lost function due lo loss of flexion, fracture of right clavicle middle phalanges, proximal phalanges, contusion of left hip joint and other bodily injuries. He has undergone treatment for about ten days as inpatient and during this period, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

4. On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs.3. 15 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 1st March, 2007. The Tribunal, after considering the relevant material available on file and. after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.60,000/- with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.

5. I have heard learned counsel for appellant and learned counsel for Insurance Company, for considerable length of time.

6. After hearing learned counsel for the parties and after perusal of the judgment and award passed by Tribunal including the original records placed before me, I am of the view that, the Tribunal has erred in not taking into consideration the nature of injuries sustained by the appellant while awarding compensation. The appellant has sustained the injuries as stated above and the disability as per the disability certificate is 35% to 40%. The appellant at this age. has to endure the disability on account of the injuries sustained. It is stated that injury No.3 is fracture of proximal inter phalanx and injuries 4 and 5 are fracture of phalanx and injury no.6 is fracture of right clavicle. Further, during the period of treatment, he might have spent reasonable amount towards conveyance, nourishing food and attendant charges apart from medical and other incidental expenses and might, have taken bed rest and follow up treatment for a period of three months. Therefore, having regard to all these aspects, I deem it fit to award a sum of Rs.30,000/- towards pain and sufferings, Rs.10,000/- towards conveyance, nourishing food and attendant charges, Rs.9,000/- towards loss of income during treatment period, Rs. 10,000/- towards loss of amenities, discomfort and unhappiness, Rs.10.000/- towards medical expenses, and Rs.46,800/- (i.e. Rs.3,000/- x 12 x 13 x 10/100). towards loss of future income, taking the monthly income at Rs.3.000/-, disability at 10% and applying multiplier of 13' having regard to his age as against the total compensation of Rs.60,000/ awarded by Tribunal.

7. In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part. The impugned judgment and award dated is' March 2007, passed in M.V.C.No.557/2005. by the I Additional Civil Judge(Sr.Dn), Additional Motor Accident Claims Tribunal, Chitradurga. is hereby modified, awarding a sum of Rs.1,15,800/- as against Rs.60,000/- awarded by Tribunal, with interest at 6% per annum, on the enhanced sum, from the date of petition till the date of realization. There would be enhancement of Rs.55,800/-. The Insurance Company is directed to deposit the enhanced compensation of Rs.55,800/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award. On such deposit by the Insurance Company, the entire sum shall be released in favour of the appellant, immediately However, liberty is reserved to the first respondent - Insurer to recover the compensation amount from the owner of the offending Vehicle, in the light of the judgment of this Court dated 11th September 2008 in M.F.A.No.7167/2007 (New India Assurance Co.Ltd. Vs.(G.R. Gopala Reddy and another). Office to draw award, accordingly.