ALLABAX v. SRI MUNIRAJU J

SRI MUNIRAJU J MAJOR, PROP:JANATHA TRAVEL AGENCIES, COX TOWN, GOVER ROAD CROSS, BANGALORE-05. THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD., 401/2, F-1,SWASTIK MANANDI, 2 ARCADE, S.C.ROAD, BANGALORE-20. BASAVARAJ S/O.MALLIKARJUN SUDI, BEHIND GACHINA MAHAL, J.M.ROAD, BIJAPUR-01. THE REGIONAL MANAGER NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE, SUBARAM COMPLEX, M.G.ROAD, BANGALORE. 3 4 ( By Sri. O MAHESH FOR R4, R.1 TO 3 NOTICE DISPENSED WITH.) ...RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10-9-2007 PASSED IN MVC NO.5147/2006 ON THE FILE OF XIII ADDL. SMALL CAUSE JUDGE AND MEMBER, MACT, BANGALORE, SCCH-15, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. This appeal coming on for preliminary hearing, this day, the Court, delivered the following: 3 J U D G M E N T This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

Heard the learned Counsel appearing for parties and perused the judgment and award of the Tribunal.

For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 7-5-06 due to rash and negligent driving of bus bearing registration No.KA-03-B-3526 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the 4 appeal is: Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for enhancement?

After hearing the learned Counsel for the parties and perusing the award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore, it is deserved to be enhanced. As per Ex.P.5 – discharge slip of CRPF Hospital, Hyderabad, Ex.P.9 – wound certificate of District Hospital, Bijapur, Ex.P.13 – case sheet of Bowring Hospital and Ex.P.14 – x-ray, claimant had sustained fracture of condylar of left tibia. He was treated in District Hospital, Bijapur and then admitted to Bowring Hospital on 15-5-06 and discharged on 18-5- 06, wherein the fracture was treated conservatively. Thereafter, he was admitted to CRPF Hospital, 5 Hyderabad and discharged at his request on 24-4-07. P.W.3 – an Orthopaedic Surgeon has stated, claimant has suffered permanent disability of 46% to left lower limb and 23% to whole body. Tribunal has considered the same at 13%.

Considering nature of injuries sustained by the claimant, Rs.20,000/- awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement under this head.

Amount spent by him towards medical expenses has been borne by the Department. He was provided first aid in District Hospital, Bijapur, and was treated as inpatient for 4 days in Bowring Hospital and for one day in CRPF Hospital. Considering the same, a sum of Rs.8,000/- is awarded towards incidental expenses as against Rs.5,000/- awarded by the Tribunal. 6

The Tribunal calculating two months' leave availed by the claimant for treatment in terms of salary, has rightly awarded a sum of Rs.17,350/- towards loss of income during laid up period. The same is just and proper and there is no scope for enhancement.

Claimant after sustaining injuries has continued his employment. Therefore, awarding compensation towards loss of future income does not arise. Nevertheless, he has to bear with the disability stated by the doctor at 46% to limb and 23% to whole body and certain amount of discomfort and unhappiness for the rest of his life. Considering the same, a sum of Rs.40,000/- is awarded towards loss of amenities and disability as against Rs.30,000/- awarded by the Tribunal under this head. 7

Thus the claimant is entitled for additional compensation of Rs.13,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.

The Insurance Co. is directed to deposit the additional compensation with interest within two months from the date of receipt of a copy of this judgment, and the same is ordered to be released in favour of the claimant. No order as to costs. Sd/- JUDGE