RAJU Vs. RAMAKRISHNAIAH AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 26.10.2013 passed in MVC. No. 313/2012 on the file of Principal Senior Civil Judge & CJM and Addl. Motor Accidents Claims Tribunal, Ramanagara (for short, 'Tribunal'). The tribunal by the impugned judgment and award, awarded a sum of Rs. 11,42,000/ - with interest at 6% per annum from the date of petition till the date of realization on account of grievous injuries sustained by the claimant in the road traffic accident.

(2.) IT is the case of the appellant that he was aged 25 years at the time of accident and hale and healthy prior to the accident. He was an agriculturist -cum -mechanic. When things stood thus, he met with an accident on 05.07.2012 at about 11.15 p.m., when he was proceeding on a motor cycle bearing No. KA -42 -J -1499 as a pillion rider on B.M. Road, Archakarahalli in front of Karavali Dhaba, on account of rash and negligence driving by the driver of tractor and trailor bearing registration No. KA -05 -T -1482, which came from Mysore side towards Bangalore side. Due to the impact, he fell down and sustained grievous injury, on account of which, he undergone treatment in the hospital as inpatient from 06.07.2012 to 14.8.2012 and also undergone surgeries. He lost his both legs and there is amputation of left and right leg. He has examined the Doctor, who in -turn on clinical and radiological examination assessed the disability of the claimant at 100%. It is the case of the appellant that he was earning Rs. 15,000/ - p.m. and he has suffered mental pain and agony during treatment, and spent huge amount towards medical expenses, conveyance, nourishment and attendant charges', 'disability and unhappiness' persists throughout his life and has to endure the same. He cannot do agricultural work or mechanic work and requires some reasonable amount towards future medical expenses. It has affected his marital life also. Taking all these relevant factors, he filed claim petition under Section 166 of the M.V. Act claiming compensation of Rs. 50,00,000/ - against the respondents on account of amputation of both the legs in the road traffic accident. The said matter had come up for consideration before the tribunal. The tribunal after taking into due consideration of the oral and documentary evidence and other material on record and assessing the disability of the appellant at 100%, allowed the claim petition in part, awarding a sum of Rs. 11,42,000/ - with 6% interest per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation and also rate of interest awarded by the tribunal, the appellant -claimant herein felt necessitated to file this appeal seeking enhancement of compensation.

(3.) WE have gone through the grounds urged by the learned counsel for the appellant and perused the material on record. The tribunal has not awarded reasonable compensation under the head 'injury, pain and suffering', 'conveyance, nourishing food', 'loss of income during laid up period', 'medical expenses', 'loss of amenities and enjoyment of life', 'loss of future income and also marriage prospects' and 'future medical expenses' and 'purchase of artificial limb'. The tribunal has assessed the income of the appellant at Rs. 4,000/ - p.m. which is on the lower side he cannot agricultural work or work as mechanic on account of amputation of both the legs above the knee in the road traffic accident. These aspects have not been looked into nor considered nor appreciated by the tribunal and also erred in awarding rate of interest at 6% p.a. though the accident has occurred in the year 2012. Therefore he submitted that in the light of the judgment of the Apex Court and High Court in host of judgments, rate of interest at 9% -10% p.a. may be awarded by modifying the impugned judgment and award.