MALESHI ESVARAPPA KADROLI Vs. SITARAM V.R. NAIK

JUDGEMENT

(1.) THE above appeal challenges the Judgment and Award dated 17 -1 -2006 passed by the learned Motor Accident Claims Tribunal, North Goa, Panaji in Claim Petition No. 83 of 1996. It is the case of the Appellant/Claimant that on 12 -12 -1995 at about 6.30 p.m. at Ponda -Panaji Highway near Ciba Factory Gate, Respondent No. 1 drove the KTC bus belonging to Respondent No. 2 in a rash and negligent manner and dashed against him while he was walking on the left side of the road along Corlim Old Goa Highway. It is further his case that as a result of the said accident he had sustained crushing injuries on the pelvic region and rupture of the urethra and that his marital life had ruined. He accordingly claimed a compensation of Rs. 5,00,000/ - towards medical treatment, travelling, loss of earnings, mental agony, shock, sufferings, pain, loss of pleasures, discomforts, inconveniences and general damages. Respondent No. 1 filed his written statement and denied that he has driven the vehicle in a rash and negligent manner. Respondent No. 2 has also filed the written statement and disputed the claim of the Appellant. After framing the issues and recording of evidence, the learned Presiding Officer of the Motor Accident Claims Tribunal at Panaji partly allowed the Claim Petition and awarded a sum of Rs. 1,05,000/ - as compensation to the Appellant together with interest at the rate of 6% per annum from the date of the filing of the claim petition upto the entire payment. Being aggrieved by the said Judgment and Award, the Appellant has preferred the present appeal.

(2.) SHRI E. Afonso, learned Counsel appearing for the Appellant has assailed the impugned Judgment and pointed out that the amount of compensation awarded by the Tribunal is grossly inadequate. Learned Counsel has pointed out that the Tribunal whilst assessing the compensation payable to the Appellant has awarded a sum of Rs. 21,600/ - towards loss of income for a period of one year when according to him the law is well settled by the Apex Court to the effect that even in cases where there is no evidence adduced by the Claimant to establish the actual wages/salary at the relevant time the compensation is fixed on the basis that the monthly income of the Claimant is a minimum of Rs. 3000/. Learned Counsel further submitted that as such, the said amount awarded by the Tribunal is grossly inadequate. Shri E. Afonso, learned Counsel further submitted that the Appellant was a mason by profession and on account of the injury sustained by him in the said accident his earning capacity has grossly diminished. Learned Counsel further submitted that the Tribunal has awarded only a sum of Rs. 25,000/ - towards his future loss of income when on the contrary considering the age of the Appellant at the relevant time, such amount of future loss is also inadequate. Learned Counsel has vehemently pointed out that considering the injuries sustained by the Appellant in the said accident, which forced the Appellant to undergo an operation not only at the Goa Medical College but also at Kasturba Hospital, only an amount of Rs. 2,238.50 was awarded towards medical expenses. Learned Counsel has pointed out that the Appellant has produced the documents with regard to the expenses incurred by the Appellant at Kasturba Hospital at Manipal to the extent of Rs. 56,000/ - on account of the treatment he had to undergo at the said hospital including a surgery. Learned Counsel further submitted that the Appellant had to be admitted in the hospital for a considerable period of time and as such, he had to incur substantial expenditure towards his medical expenses. Learned Counsel further submitted that a sum of Rs. 10,000/ - awarded by the Tribunal as medical expenses cannot be at all justified and the same is illusory considering the material on record. Learned Counsel further pointed out that for the purpose of travelling to Manipal he had to spend Rs. 1,300/ - which has been wrongly disputed. Learned Counsel further submitted that the Appellant had to proceed to Manipal on many occasions and Rs. 5000/ - awarded by the Tribunal towards transport expenses is also illusory. Learned Counsel further submitted that the Tribunal has awarded only a sum of Rs. 20,000/ - towards the loss of marital life and a further sum of Rs. 15,000/ - towards pain and sufferings which is also grossly inadequate. Learned Counsel has pointed out that on account of the said accident the Appellant's marital life has been grossly hampered and considering the injuries sustained by the Appellant and the permanent disability occasioned on account of the accident the amount of compensation towards pain and suffering as well as loss of marital life deserves to be enhanced. Learned Counsel has relied upon a Judgment of the Apex Court in the case of Laxmi Devi and others v. Mohammad Tabbar and another( : (2008) 12 SCC 165). Learned Counsel further submitted that the amount awarded by the Tribunal as compensation deserves to be enhanced and additional amounts are to be paid to the Appellant on account of all the over said counts. Learned Counsel as such submitted that the appeal deserves to be allowed.

(3.) HAVING heard the learned Counsel and on perusal of the record, the following point for determination arises: -