PUTTARAJU Vs. LOHITH KUMAR P.B. AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 19.1.2013 passed in MVC. No. 782/2012 on the file of the Presiding Officer, Fast Track Court -I, Member, Addl. MACT, Mysore(for short, Tribunal'). The tribunal by the impugned judgment and award awarded a sum of Rs. 10,18,000/ - with interest at 6% p.a. from the date of petition till the date of realization on account of injuries sustained in the road traffic accident. Being aggrieved by the quantum of compensation and also the rate of interest awarded, the appellant has presented this appeal seeking enhancement of compensation and also higher rate of interest.

(2.) THE brief facts of the case on hand are that the appellant was aged about 37 years and an agriculturist and also working as civil contractor and hale and healthy prior to the accident. When things stood thus, at about 7.30 p.m. on 4.6.2012, when the appellant was proceeding as a pillion rider on the motor bike bearing registration No. KA -45 -J -1960, near Banana garden of Gowrish Deveraj Colony Gate, Hunsur Taluk, a Car bearing registration No. KA -04 -MH -1738 being driven by its driver, came from opposite direction in a rash and negligent manner and dashed against the motor bike of the appellant. Due to the impact, he fell down and sustained grievous injuries, suffered head injury on account of which he undergone treatment for a period of 27 days in BGS hospital, Mysore and he was examined by the Doctors and the Doctors viz., PW -2 and PW -3 Dr. Ramesh Ranganathan, a Neuro Surgeon and Dr. Lokesh, a Cardio Thoracic Surgeon on radiological and clinical examination have assessed permanent disability of the appellant at 76% towards whole body and he has spent huge amount towards medical expenses and attendant charges and as per advice of the Doctor, he has taken best rest for a period of three months and the disability persists throughout his life. Due to said disability, he is not in a position to do any agricultural work or civil contractor work. Taking all these factors, he filed a claim petition against the respondents. The said matter had come up for consideration before the Tribunal. The tribunal after taking into consideration the oral and documentary evidence and other material allowed the claim petition in part, awarding a sum of Rs. 10,18,000/ - with 6% interest per annum from the date of petition till the date of realization. Being dis -satisfied with the impugned judgment and award passed by the tribunal, the claimant has presented this appeal seeking enhancement of compensation.

(3.) THE submission of the learned counsel for the appellant at the outset is that the tribunal has committed a grate error in not taking into account the age, avocation and year of accident and the income taken by the tribunal is also on the lower side. The tribunal ought have been taken the income of the claimant between Rs. 6,500/ - and Rs. 7,000/ - per month. Further, he also submits that the tribunal also committed an error in not taking into account the period of treatment, amount spent by the claimant towards 'Conveyance', 'nourishing food and attendant charges'. As per the advice of the Doctor, the claimant has taken bed rest and follow up treatment, the claimant has to suffer mentally throughout his life. He has examined the two Doctors and PW -2 has assessed permanent disability at 76% towards whole body and PW -3 has assessed 40% permanent disability and the claimant has to be compensated by awarding reasonable compensation. Further, he submitted that though the accident has occurred in the year 2012, the tribunal has erred in awarding the rate of interest at 6% per annum and in the light of catena of judgments of the Apex Court and this Court, reasonable interest may be awarded by modifying the impugned judgment and award.