1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘ the’, for short) has been filed by the claimant being aggrieved by the judgment dated 28.8.2013 passed by the Motor Accident Claims Tribunal.
2. Facts giving rise to the filing of the appeal briefly stated are that on 29.4.2012, the claimant was riding his motorcycle bearing registration No.KA-20-L- 7330 from Udupi towards Uchila on NH-66, when he reached in front of JM Shamiyana of Bada Yermal Village of Uchila, at that time, autorickshaw bearing registration No.KA-19/C-4353 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of theseeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.
4. On service of notice, the respondent No.2 filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the rash and negligent riding of the vehicle by the claimant himself. The driver of the offending vehicle did not have valid driving licence as on the date of the accident. The date, time and place of accident is denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition.
The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1 and Dr.Kalya Suresh Shenoy as PW-2 and got exhibited documents namely Ex.P1 to Ex.P12. On behalf of the respondents, no witness was examined and got exhibited documents namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.97,000/- along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimant has contended that as per wound certificate the claimant has sustained amnision of shin over the forearm of left hand measuring 6x3”. PW-2, the doctor has stated in his evidence that the claimant has suffered disability of 5-6% to left lower limb. But the Tribunal has failed to grant any compensation under the head of 'loss of future income'. Further, the claimant was treated as inpatient for a period of 10 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the compensation granted by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and incidental expenses are on the lower side. Hence, he sought for allowing the appeal.
7. On the other hand, the learned counsel for the Insurance Company has contended that the claimant has sustained minor injuries in the accident. PW-2, the doctor has stated in his evidence that the claimant has suffered disability of 5-6% to left lower limb. Even if one-fourth of the said disability is taken, it comes less than 2%. The said disability would not come in the way of the claimant doing his regular work. The Tribunal considering the same has rightly not granted any compensation under the head of 'loss of future income'. Further, considering the oral and documentary evidence, the Tribunal has granted just and reasonable compensation and it does not call for interference. Hence, he sought dismissal of the appeal.
8. Heard the learned counsel for the parties and perused the records.
9. It is not in dispute that the accident has occurred due to rash and negligent driving of the offending vehicle by its driver.
As per wound certificate the claimant has sustained amnision of shin over the forearm of left hand measuring 6x3”. PW-2, the doctor has stated in his evidence that the claimant has suffered disability of 5-6% to left lower limb. Even if one-fourth of the said disability is taken, it comes less than 2%. The said disability would not affect the earning capacity of the claimant and there is no loss of income due to the disability. The Tribunal considering the same has rightly not granted any compensation under the head of 'loss of future income'.
The claimant was treated as inpatient for more than 10 days in the hospital and thereafter, has received further treatment. Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. He has suffered lot of pain during treatment and he has to suffer with the disability stated by the doctor throughout his life. Considering the same, I am inclined to enhance the compensation awarded by the Tribunal under the head of 'loss of amenities' from Rs.30,000/- to Rs.50,000/-‘ under the head of 'pain and sufferings' from Rs.25,000/- to Rs.40,000/-.
The nature of injuries suggest that the claimant must have been under rest and treatment for a period of 3 months. Therefore, the claimant is entitled for compensation of Rs.18,000/- (Rs.6,000*3 months) under the head ‘loss of income during laid up period’ as against Rs.6,000/- awarded by the Tribunal..
The compensation awarded by the Tribunal under other heads is just and reasonable.
10. Thus, the claimant is entitled to the following compensation:
|
Compensation under different Heads | As awarded by the Tribunal (Rs.) | As awarded by this Court (Rs.) |
| Pain and sufferings | 25,000 | 40,000 |
| Medical expenses | 26,000 | 26,000 |
| Food, nourishment, conveyance and attendant charges | 10,000 | 10,000 |
| Loss of income during laid up period | 6,000 | 18,000 |
| Loss of amenities | 30,000 | 50,000 |
| Total | 97,000 | 144,000 |
11. The claimant is entitled to a total compensation of Rs.144,000/-.
12. The Insurance Company is directed to deposit the compensation amount along with interest at 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of four weeks from the date of receipt of copy of this judgment.
13. To the aforesaid extent, the judgment of the Claims Tribunal is modified.
14. Accordingly, the appeal is allowed in part.
