MOHAMMED SHUKOOR Vs. VINODAN

JUDGEMENT

(1.) THOUGH these matters are posted in the orders list, they are taken up for final disposal with the consent of the learned counsel appearing for the parties. These two appeals are by the injured -claimant and insurer being aggrieved by the impugned judgment and award dated 24.01.2012 passed in MVC No.720/2010 on the file of the Motor Accidents Claims Tribunal -VI and II Additional Senior Civil Judge, Mangalore, Dakshina Kannada, (hereinafter referred to as 'Tribunal' for short), for enhancement and reduction of compensation respectively.

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.16,16,831/ - with interest at 6% p.a., from the date of petition till its realisation as against the claim made by the injured -claimant on account of grievous injuries sustained in the road traffic accident. The injured -claimant contended that the quantum of compensation awarded is inadequate and requires enhancement, whereas the insurer contends that the quantum of compensation awarded by the Tribunal is disproportionate to the source of income of the injured -claimant and it is liable to be reduced. Being aggrieved by the quantum of compensation awarded by the Tribunal, claimant has presented MFA No.6943/2012 and insurer has presented MFA No. 4379/2012.

(3.) IT is case of the injured -claimant that, he was aged about 43 years as on the date of accident, hale and healthy prior to the accident and by profession he is Assistant Professor in Lal Bahadur Shastri College of Engineering, Kasargod and was earning Rs.41,149/ -per month. That, on 28.03.2010, at about 11.30 a.m., a Tipper Lorry bearing registration No.KL -14 -J -749 was engaged to fill mud to the courtyard of the claimant's newly constructed house. While filling the mud, the driver of the tipper lorry moved the vehicle in a rash and negligent manner and dashed against the beam of his house. Due to the impact, the said beam fell on the claimant's body, who was standing near the car shed and on account of which he sustained grievous injuries viz., lacerated wound over the left side of the scalp, traumatic amputation of middle 1/3rd of left leg and deep lacerated wound over the medial aspect extending to anterior aspect exposing the navicular bone with simple injuries to other parts of the body. Immediately, he was shifted to Carewell hospital at Kasargod and thereafter he was shifted to the Tejaswini hospital at Kadri, Mangalore, for better treatment. He was hospitalized as inpatient from 28.03.2010 to 06.04.2010. It is case of the claimant that, he has spent huge amount for treatment, conveyance, nourishing food and attendant charges. He is the only earning member of the family. Because of the unfortunate accident, he could not attend to his duties for two months and lost his earned leave and other service benefits. The accident has caused him permanent disability. Therefore, he is not in a position to discharge his duty in future as earlier. His functional capacity is decreased and he is experiencing severe pain every now and then in his legs after the accident. Further, he contended that he had completed his Ph.D. degree and was planning to go abroad for better avocation. If that was possible, he would have got a salary of Rs.4 to 5 Lakhs per month in abroad. But due to this unfortunate accident and the consequential amputation of left leg below the knee, he is not in a position to go abroad for employment and thus he has lost his better future prospects and amenities in life. Therefore, he filed a claim petition under Section 166 of MV Act before the Tribunal claiming compensation against the respondents owner and insurer of the offending vehicle. The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs.16,16,831/ - as compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant and insurer have presented this appeal, seeking appropriate reliefs as stated supra.