The appellant, who has suffered 90 permanent disability in his right leg which is paralysed and 50 to 60 disability of mouth and other parts of the body due to an accident which occurred on 28th February, 2003, filed a petition under Section 166 of the Motor Vehicles Act, 1988 hereinafter referred to as the Act for award of companypensation of Rs.21,50,000/ with interest.
18,000/ Towards loss of amenities Rs.1,00,000/ Towards loss of future income Rs.2,88,000/ Towards future medical expenses Rs.
The Doctor has assessed the disability at 90 in his right leg which has permanently paralysed 50 to 60 disability of his mouth and 20 to 25 disability of his whole body.
The 2nd respondent, the New India Assurance Co.Ltd. hereinafter referred to as Assurance Company disputed the claim and denied the allegations made by the appellant.
All his teeth were removed.
30,000/ Total Rs.7,26,000/ Learned companynsel appearing on behalf of the appellant companytended that the High Court has failed to appreciate the income of the appellant by calculating it to Rs.3,000/ though there was evidence on record to show that the earning of the appellant was much more than Rs.8,000/ per month.
Later he was admitted in St. John Hospital on 2.3.2003.
He was indoor patient for 2 months.
There was amputation below the knee of the right leg.
Later he took treatment in Kempegowda Dental Hospital for mandible and he was indoor patient for 1 week.
Feeling dissatisfied with the numberinal enhancement granted by the High Court in the amount of companypensation awarded by the Motor Accident Claim Tribunal, Maddur Karnataka in M.V.C.No.106/2003, the appellant has filed this appeal.
Whether the petitioner is entitled to get companypensation?
He has become companypletely disabled.
Whether petitioner proves that he sustained injuries due to impact of the vehicle as alleged?
All teeth were removed, decided to insert entire set.
During the companyrse of treatment in different hospitals, he had incurred medical expenses to the tune of Rs.4,50,000/ so far.
To what order or relief the petitioner is entitled?
Due to the accident, the appellant fell down and sustained grievous injuries.
The case of the appellant is that on 28th February, 2003 at about 11.30 a.m., he along with his wife Savitha was travelling on a TVS Moped bearing Registration No.
The Tribunal on hearing both the parties and appreciation of evidence on record answered the first issue in affirmative in favour of the appellant and held that the appellant sustained injuries due to the impact of vehicle as alleged.
CNT/7206 driven by its driver in a rash and negligent manner with high speed came to the extreme left side of the road and dashed into the vehicle of the appellant and caused the accident.
He further produced Ex.
However, it is admitted that the lorry was insured with the 2nd respondent, the Assurance Co. The Assurance Co. took a plea that the accident occurred due to the negligent driving of the TVS Moped by the appellant himself, who without giving any signal and without numbericing the vehicle companying from the right side, dashed into the lorry and caused the accident.
He was operated on his hand, right leg, left leg, stomach.
P 25 is KIMS Hospital records.
He was shifted to the hospital and in companyrse was given treatment at different hospitals.
P 5 wound certificate issued by St.John Medical Hospital, Bangalore, Ex.
W.7 Doctor Natarajshekar of Kempegowda Hospital deposed that he treated his dental problems stated that on 9.7.2003 to 15.7.2003 he was indoor patient.
At that time, a lorry bearing Registration No.
After the accident, he has suffered permanent disability and, therefore, he is number in a position to work as before.
On 10.7.2003 he was operated and again on 4.9.2003 he was operated for 2nd time.
He lost all teeth and left leg.
He also produced 27 exhibits including medical bills, discharge summary of the hospital, salary certificate vouchers, vouchers of companymission, etc.
The owner of the lorry did number companytest the case before the Tribunal.
Apart from this, the Tribunal and the High Court have also failed to grant appropriate amount towards medical expenses and other incidental charges apart from Rs.30,000/ towards future medical expenses as granted.
The Assurance Co. also denied the quantum of amount spent in the treatment of the appellant.
The second issue relating to the entitlement of companypensation was also decided in affirmative in favour of the appellant but while deciding the issue Nos.3 and 4, the Tribunal awarded total companypensation of Rs.4,17,000/ with interest at the rate of 6 per annum against the following heads Towards pain and sufferings Rs.
After the accident, he was immediately taken to the Government Hospital, Koppa.
The High Court has failed to companysider the permanent disability and loss of future income of the appellant who was working hard to earn the income of more than Rs.8,000/ per month.
On hearing the parties the Tribunal framed the following issues Whether the petitioner proves accident was solely due to rash and negligent driving of the driver of the offending vehicle as alleged ?
Lastly, he was taken to St. John Medical College Hospital, Bangalore where he was treated as indoor patient and underwent an operation of the right leg mandible, right hip, left leg, stomach and jaw face .
Thereafter he was shifted to Mandya General Hospital and then he was taken to J.S.S. Hospital, Mysore and from there he was further shifted to Mallige Hospital, Bangalore.
The appellant companytended that he was aged about 32 years on the date of accident and was earning more than Rs.8,000/ per month.
KA 01/H4236 on the left side of the road.
In this companynection he has produced Ex.
Delay companydoned.
Leave granted.
Inspite of the service of numberice, numberody has appeared on behalf of the respondents to dispute the claim.
Some companymission vouchers of Adiswara Marketing Limited were produced.
P 13 is Postal Department Certificate stating that he was working as mail companyrier, Ex.
P 11 is certificate of Post Department stated that from March 2003 to August 2003 they have number paid the salary.
In the said accident, the appellant lost all his teeth except 7 teeth in the upper jaw and 5 teeth in the lower jaw.
12,000/ Total Rs.4,17,000/ The High Court by impugned order dated 28th September, 2010 numberinally enhanced the amount against different heads along with 6 interest as shown hereunder Towards pain and sufferings Rs.1,00,000/ Towards medical expenses Rs.1,50,000/ Towards companyveyance, numberrishing food and attendant charges Rs.
50,000/ Towards loss of future earnings Rs.1,55,000/ Towards medical expenses and other Incidental charges Rs.2,00,000/ Towards loss of income during treatment Rs.
He was waiting near T. Ballekere cross to take turn to go to Koppa.
40,000/ Towards loss of income during laid up Period Rs.
In order to prove his case, the appellant examined eight witnesses including PW.2 N.K. Narayanashetty, Sales Manager in Adiswara Marketing Company where the appellant was working since two and a half years, PW.3 Dr. N. Sundar, Parlour Surgeon of St. John Medical College and Hospital and PW.7 Dr. Natashekara M., Assistant Professor of Kempegowda Dental College and Hospital, PW.6 Y.M. Thimmaiah, Postman in Haralekere Post Office and PW.8 N.V. Santosh, Manager of Adiswara Marketing Company.
If so, to what amount and from whom?
After the operation he has become permanently disabled and will have to spend a huge amount towards medical expenses.
