BAPANAIAH M Vs. Y MALLESWARAM

JUDGEMENT

(1.) The appellant-claimant sustained injury to the right leg at the knee point in a motor vehicle accident which occurred on 17-5-1983 at about 11-30 a.m., caused due to the rash and negligent driving of the bus bearing No. ADC 8945 by its driver, the 1st respondent. He laid a claim for Rs.25,000/- under Sec.110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, East Godavari at Rajahmundry. The 1st respondent is the Driver. Resondent No.2 is the owner, Respondent No.3 is the insurer and respondent No.4 is another driver who is said to have found in the driver's seat after the accident. The claim was resisted. After enquiry, the Tribunal had assessed the compensation at Rs.6,750/- and awarded it in addition to the interest at 12% per annum from 28-10-1987, the date when the O.P., was numbered, till the date of realisation but without costs. The learned Advocate for the claimant has contended that the amount awarded is inadequate inasmuch as awarding of interest from the date of numbering of the O.P., instead of from the date of the petition and not awarding costs is not proper and requires re-consideration and modification. The learned Advocate for the respondents has tried to support the award.

(2.) Now, the question is whether the award can be supported. The claimant sustained an injury in the knee joint resulting in the fracture of right femoral condyle supported by medical evidence. He was in POP for a considerable period. He was a labourer and could not attend the work for some time. There is no evidence as to the permanent disability. It cannot be forgotton that any fracture involving major bone requires immobilisation either under POP or otherwise for four to six weeks and, thereafter, requires physiotherapy treatment for at least, one or two months. Shock, pain and suffering, loss of amenitiesof life for, at least, four to six months, would be obvious. Admittedly, the disability, at least, for such period, would be unavoidable. The Tribunal has not dealt with the question as it was a grievous injury not in the manner in which the compensation can be awarded. In personal injury claim case, the first item of compensation being, shock, pain and suffering and loss of amenities of life. Rs.5,000/- would be reasonable amount of compensation on that item. For the fracture of femoral bone with permanent disability, at least, Rs.20,000/- to be awarded and that is awarded. In K.S. Subramani and another vs. A. Thomas Ros and another for the fracture of the femur of left leg by way of general damages, Rs.20,000/- was awarded. Medical treatment whether in private hospital or Government hospital should involve not only the medical expenses but also the incidental expenses. Medical expenses may not always be capable of being supported by documentary evidence. However, in the absence of documentary evidence, some reasonable amount should be awarded. Rs.3,000/- appears to be reasonable in this case. The claimant was a labourer whose income is fixed at Rs.300/- per month and is awarded only for one month. Admittedly, the disability for four to six months must have put him to the loss of income for the period. At least, Rs.2,000/- ought to have been the just compensation for such item. As a whole, the claimant was entitled to recover a sum of Rs.30,000/- but since the claim is only for Rs.25,000/- that ought to have been awarded.

(3.) The contention of the learned Counsel for the claimant is that the awarding of the rate of interest from the date of registering the petition is wholly justified. The Tribunal without assigning any reasons as to how interest should be awarded from the date of registering the petition in spite of Sec.110-CC of the M.V. Act, directed payment of interest from the date of registering of the petition. The Tribunal in utter ignorance of such a provision has awarded interest in that fashion. That requires rectification. In the result, the appeal is allowed and the award is set aside. The claimant shall be entitled to recover a sum of Rs.25,000/- with costs throughout with simple interest at 12% per annum from the date of the petition and not from the date of registration of the O.P., till the date of realisation with joint and several liabilities on the respondents.