Case: N.Suresh Vs. Yusuf Shariff

5. 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.KA-01/H4236 on the left side of the road. He was waiting near T. Ballekere cross to take turn to go to Koppa. At that time, a lorry bearing Registration No.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. Due to the accident, the appellant fell down and sustained grievous injuries. He was shifted to the hospital and in course was given treatment at different hospitals. The appellant contended that he was aged about 32 years on the date of accident and was earning more than Rs.8,000/- per month. After the accident, he has suffered permanent disability and, therefore, he is not in a position to work as before. During the course of treatment in different hospitals, he had incurred medical expenses to the tune of Rs.4,50,000/- so far. After the accident, he was immediately taken to the Government Hospital, Koppa. 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. 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). In the said accident, the appellant lost all his teeth except 7 teeth in the upper jaw and 5 teeth in the lower jaw. After the operation he has become permanently disabled and will have to spend a huge amount towards medical expenses. 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. There was amputation below the knee of the right leg.6. The owner of the lorry did not contest the case before the Tribunal. 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. 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 noticing the vehicle coming from the right side, dashed into the lorry and caused the accident. The Assurance Co. also denied the quantum of amount spent in the treatment of the appellant.

Reasoning:
17. The PW.3, Doctor deposed that the right leg is 90% disabled and is permanently paralysed. The leg is amputated. Apart from this, his face has been deformed and is disabled to the extent of 50% to 60%, due to which he is not in a position to open his mouth fully. Therefore, it can safely be stated that the appellant is 90% permanently disabled to earn any income. The Tribunal and the High Court failed to appreciate the facts and fixed the disability at a lower level of 40% or 50%.18. Admitted, the appellant was about 32 years of age at the time of the accident, therefore, the Tribunal was right in applying the multiplier of 16 to determine the compensation. Once the income is considered at Rs.8,500/- per month it comes to Rs.1,02,000/- per annum, 90% of the same comes to Rs.91,800/-. If the same is multiplied by 16 it comes to Rs.91,800/- x 16 = Rs.14,68,800/-. Therefore, it is proper to award Rs.14,68,800/- towards19. So far as loss of income during the treatment is concerned, the Tribunal has noticed the nature of injuries and treatment taken by the appellant to come to the conclusion that the appellant might not have worked at least for six months. Even if such minimum period for treatment is accepted as six months, the appellant is entitled for a just and proper award of Rs.51,000/- under the head ofSo far as medical expenses and other incidental charges are concerned, the Tribunal appreciated the different evidence and observed asmedical expenses and other incidentalcontended that he has taken treatment in several hospitals. Initially he was taken to Mandya General Hospital. Later in private car he was taken to JSS Hospital, Mysore. On the same day he was taken to Mahaveer Jain Hospital, Bangalore. He was operated on his right leg and discharged for higher treatment. He was admitted in Boring Hospital, Bangalore wherein he was paid Rs.5,000/- . From that hospital also he was discharged. Later he was admitted in St. John Hospital on 2.3.2003. He was operated on his hand, right leg, left leg, stomach. He was indoor patient for 2 months. Later he took treatment in Kempegowda Dental Hospital for mandible and he was indoor patient for 1 week. All his teeth were removed. He lost all teeth and left leg. He has become completely disabled. P.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. All teeth were removed, decided to insert entire set. On 10.7.2003 he was operated and again on 4.9.2003 he was operated for 2nd time. In this connection he has produced Ex.P-5 wound certificate issued by St.John Medical Hospital, Bangalore, Ex.P-6 and P-7 is medical bills and Transporting charges. He has produced medical bills worth of Rs.1,85,628/- rounded off to Rs.1,86,000/- and transportation charges worth of Rs.27,230. Ex.P-9 to 16 case sheet, patient record, discharge summary, Ex.P-17 is the case sheet of St.John Medical College Hospital, Bangalore for having taken treatment from 2.3.2003 to 28.4.2003 and also taken treatment from 2.3.2003 to 28.4.2003 and also taken treatment from 29.3.2003 to 20.4.2003. Others are ex-rays Ex.P-25 is KIMS Hospital records. He further produced Ex.P-26 cash bills worth of Rs.2,590/-. On going through records Ex.P-6 the petitioner has taken into consideration double of hospital bills, which ought to have been reduced, which comes to Rs.1,85,000/- and not 4,83,000/- as calculated. The bills are repeated as item No.8,18,19,34,36,60. The only final bill worth of Rs.73,000/- is shown but he has considered the interval bills also including the final bills it comes to Rs.1,85,628/-. On going through all the medical bills some of them are not supported with prescriptions and not properly explained by the petitioner. Having regard to all the circumstances and treatment taken by him in different hospitals he might have spent for medical expenses. So it is better to consider medical expenses at Rs.1,50,000/-. On perusal of Ex.P-7 transportation charges receipts have been produced, but person who provide vehicle is not mentioned. However he might have spent something for transportation. It is proper to consider Rs.10,000/- for transportation. He was in hospital and taken treatment, he might have spent attendant expenses and special diet, it is found just and proper to award Rs.10,000/- for the same P.W.7 Doctor stated that he has to undergo in future operation of mandible by spending Rs.1,50,000/- for insertion of implant since all the sets removed. X-ray shows fracture of cants of left side. There is permanent disability in the mouth. Considering all these aspects it is found that he requires future medical expenses of Rs.30,000/-. Hence, Petitioner is entitled for compensation under this head is Rs.2,00,000/-.From the evidence on record the following amounts towards different medical bills are undisputed:(1)The amounts paid during the treatment shows as interval bills and final billsRs. 1,86,000/-(2)Cash Bill (Exhibit P-26)Rs. 2,590/-In this background, the High Court and the Tribunal ought to have accepted the amount of Rs.1,86,000/- towards medical bills, apart from transportation charges.