D.R. RAMAKRISHNA Vs. ULLAS S. AND ORS.

JUDGEMENT

(1.) Though this appeal is posted for orders, it is taken up for final disposal with the consent of the learned Counsel appearing for the parties. This appeal by the claimant is arising out of the impugned judgment and award dated 27-3-2013 passed in MVC No. 1122 of 2011 on the file of the XVI Additional Judge, Motor Vehicles Accident Claims Tribunal, Bangalore City, (SCCH-14) (hereinafter referred to as 'Tribunal' for short).

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 18,44,000/- with interest at 6% p.a., from the date of petition till its realization as against the claim of Rs. 75,00,000/- made by the appellant, on account of the injuries sustained by him in the road traffic accident.

(3.) It is case of the appellant that, he was aged about 36 years as on the date of accident, hale and healthy prior to the accident and a Software Engineer qualified with Diploma in Computer Science and was self-employed doing Software Development to Pharmaceutical Distributors at Mysore and earning more than Rs. 25,000/- p.m. On 13-6-2010, at about 3.30 p.m., the appellant was returning from Golden Grass Restaurant, Mysore after attending the naming ceremony of his friend's son in a Car bearing Registration No. KA-09-MF-1188 belonging to the 1st respondent. When the car reached near Rock Garden Hotel in the Ring Road, Mysore, the driver of the car drove the same in a rash and negligent manner at a high speed and dashed against an electric pole which was by the side of the road. Due to the impact the appellant sustained fracture of cervical bone C1 and C2, injury over brain stem, spinal card and damaged to Vagus nerve and has become unconscious on the spot. Immediately after the accident, he was shifted to Basappa Memorial Hospital, Mysore, where it was found that the appellant had sustained the aforesaid injuries. On the advice of the doctor at Basappa Memorial Hospital, the appellant was shifted to Sagar Hospital, Bangalore, where he was treated as inpatient and an operation was conducted and discharged on 21-7-2010 and then shifted to Jayanagar Orthopedic Center, Bangalore where he was treated as inpatient upto 31-10-2010. On account of the injuries sustained by the appellant in the accident, spinal card is damaged which is a permanent disablement. The appellant has spent more than Rs. 15,00,000/- towards medical expenses and other incidental charges. Due to the injuries sustained in the said accident, the appellant is totally disabled and is not in a position to sit also and as such he has suffered total loss of earning capacity. For the rest of his life, he has to depend upon the assistance of an attendant. He is the only earning member of the family and all the members were dependent on his income. On account of the grievous injuries caused in the accident, which resulted in the permanent disablement, the appellant cannot work in future thereby suffered loss of income. Further case of the appellant is that, he has spent huge amount for treatment, conveyance, nourishing food and attendant charges. Taking all these factors, he has filed a claim petition under Section 166 of Motor Vehicles Act, 1988 before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. To substantiate his case, he examined himself as P.W. 1, Vishwanath as P.W. 2, Dr. S. Venugopal as P.W. 3, Dr. H.V. Madhusudan as P.W. 4, Mrs. Kalpana Joshi as P.W. 5 and P.M. Harish as P.W. 6 and marked documents as Exs. P. 1 to P. 19. Respondents have not got marked any documents. 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 of Rs. 18,44,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till its realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, so far as it relates to pain and sufferings, loss of amenities, conveyance, Medical expenses, loss of income, Nutritious food and attendant charges, appellant has presented this appeal, seeking enhancement of compensation.