IMPORTANT POINT
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.

JUDGMENT :

B.V. NAGARATHNA, J.

1. Leave granted.

2. These appeals assail the correctness of the judgment and award passed by the High Court of Karnataka at Bengaluru in M.F.A. No. 48 of 2017 connected with M.F.A. No. 7972 of 2016 (MV) dated 16.10.2020. M.F.A. No. 48 of 2017 was filed by the insurer-New India Assurance Co. Ltd. while M.F.A. No. 7972 of 2016 (MV) was filed by the insured claimant, both being aggrieved by the judgment and award dated 16.09.2016 passed by the Ist Addl. Senior Civil Judge and IVth MACT at Chitradurga in MVC No. 1091 of 2015. By the said judgment and award, the Motor Accidents Claims Tribunal (hereinafter referred to as “the Tribunal” for the sake of convenience) awarded a sum of Rs. 21,08,400/- (Rupees Twenty-one lakhs eight thousand and four hundred only) with interest at 8% p.a. from the date of filing of the claim petition till date of deposit. This was in respect of an accident that occurred on 15.05.2015 in which the appellant-claimant was injured. Being aggrieved by the reduction in the total compensation by the High Court from Rs. 21,08,400/- to Rs. 7,37,604/- with interest at the rate of 6% p.a. from the date of petition till its realization, the injured-claimant has filed these appeals.

3. It is no longer in dispute that on 15.05.2015 at about 03:35 p.m. appellant-claimant was travelling in the Tanker Lorry bearing No. KA-01-AG-2266 as a cleaner from Kidlike to Hassan along with driver P. Jagadeesh. Near the RTO Office, Chitradurga, on NH-4 flyover, the driver of the tanker lorry drove the same in a rash and negligent manner and with high speed and dashed into the hind portion of another lorry bearing No. KA-16B-6247, as a result of which, appellantclaimant sustained comminuted fracture of tibia bones of both legs and other injuries on his body. He was shifted to B.M.C. Hospital and Research Centre, Chitradurga where he took treatment as an inpatient from 15.05.2015 to 13.06.2015 and thereafter took followup treatment as an outpatient. During treatment, he underwent surgery of both legs and rod and screws were inserted.

4. It is contended by the appellant that as a result of the accident he became permanently disabled and due to fracture of tibia bones of both legs and other injuries, he is unable to discharge his duties as a cleaner in the tanker lorry and hence, he has suffered both financially and physically. That he is also unable to perform his daily routine activity as he has sustained permanent disability. That he was working as a cleaner in a tanker lorry and was earning Rs. 18,000/- per month and due to the disability, he is unable to earn any income. He therefore, filed the claim petition seeking compensation of Rs. 20 lakhs on account of the injuries sustained by him in the road traffic accident. On contest, the Tribunal by its judgment and award dated 16.09.2016, awarded a sum of Rs. 21,08,400/- together with interest at 8% p.a. from the date of petition till date of deposit, under the following heads:

In fact, the compensation awarded by the Tribunal was over and above what was sought by the appellant-claimant in the claim petition i.e. Rs. 20,00,000/-.

5. Being aggrieved by the said award, both the insurer as well as insured claimant filed the aforementioned appeals before the High Court. The High Court noted that the claimant had suffered lacerated wound over his forehead and fracture of mid 1/3rd tibia of right and