DEVENDRA B Vs. THOMAS T M AND OTHERS

JUDGEMENT

(1.) This appeal by the claimant is arising out of the impugned judgment and award dated 21st April 2014 passed in MVC No.356/2011 on the file of the Member MACT-IV and III Additional District and Sessions Judge, D.K. Mangalore (hereinafter referred to as 'Tribunal' for short).

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs.9,65,000/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by him in the road traffic accident.

(3.) It is the case of the appellant that, he was aged about 53 years as on the date of the accident and hale and healthy. He was working as a Civil Contractor and his monthly income was Rs.30,000/-. Be that as it may, on 24.10.2010 at about 8.20 p.m, where he was riding his motorcycle bearing Reg.No. KA-19-EA-6560 from Kaprigudde lower junction towards Kaprigudda post office junction side and near 1st cross of Kaprigudda, a car bearing temporary Reg. No.KA-19-TC-20 (later registered as KA-19-MB-2488) being driven by its driver in a rash and negligent manner, came at a high speed came behind the motorcycle of the appellant and dashed against hind portion. Due to the impact, the appellant was thrown out of the road and sustained injuries over his leg and he has been admitted to KMC Hospital, Attavara where he was under hospitalization till 28.12.2010, where traumatic amputation at left middle 1/3rd proximal 3rd junction was done and he was discharged from the hospital. The appellant was again under hospitalization and taken follow up treatment. He under went treatment for a period of 110 days in different hospitals on different dates. Further, he has spent a sum of Rs.5,00,000/- towards treatment, conveyance and he suffered mental pain and agony during the treatment period and has to suffer discomfort through out his life and he requires Rs.3,00,000/- for artificial limb. As per Ex.P3 - wound certificate issued by KMC Hospital, Attavara, Mangaluru, the appellant suffered following injuries: 2cm. Lacerated wound over forehead, 3cm bleeding wound over scalp, 3cm lacerated wound over anterior aspect of right leg, diffuse swelling and deformity on right ankle, x-rays indicates right bimalleolar ankle fracture and traumatic amputation at left middle 1/3rd proximal 3rd junction. PW2 - Dr. Prem Kotian after medical and radiological examination, opined that, the appellant has suffered disability to an extent of 80% in respect of the left lower limb as the claimant cannot walk without support, cannot climb stairs or get down from stairs, cannot squat and needs the assistance to carry on his daily activities. The medical evidence discloses that the claimant has suffered 40% disability to the whole body. Further, the case of the appellant is that, he has spent huge amount for treatment, conveyance, nourishing food and attendant charges. Therefore, taking all these aspects he filed a claim petition under Section 166 of MV Act before the Tribunal claiming compensation against the respondents.