K.S. Pradeep vs Jahir Ahmed

A.V. Chandrashekara, J.—Matter is admitted and the appeal is taken up for final disposal with the consent of learned counsel appearing for the parties.

Present appeal is filed challenging the quantum of compensation awarded by the Tribunal. This appeal is filed by the claimant in a case bearing MVC No. 435/2003, which was pending on the file of the MACT, Shivamogga.

In all a sum of Rs. 1,96,100/- is awarded as compensation relating to the injuries sustained by the claimant in a road accident that occurred on 18.03.2003 involving a motor cycle and a Van. Claimant was in hospital for a period of 22 days. Exs.P-146 and P-147 disclose the disfigurement of his face and injury. He had sustained cerebral edema and fracture of facial bones. He was treated as inpatient from the date of accident till 03.04.2003 and then from 29.05.2003 to 04.06.2003. As a result of the head injury sustained by him, he had suffered seizures, though mild in nature. The disability is assessed at 25%.

A sum of Rs. 75,000/- is awarded under the head ''Pain and Sufferings'' and the same does not require any interference. A sum of Rs. 50,000/- is awarded under the head ''Medical and Future medical expenses'' and the same is borne out of valid records marked as Exs.P-7 to P-93. This also does not require any interference. A sum of Rs. 43,000/- is awarded under the head ''loss of income'' assessing his probable income at Rs. 3,000/- p.m. This also does not require any interference. A sum of Rs. 10,000/- is awarded under the head ''Miscellaneous and incidental expenses''. Considering that the claimant was inpatient in Hospital for a period of 22 days, the amount awarded under the head ''incidental expenses'' is on the lower side. Awarding a sum of Rs. 20,000/- would be a reasonable amount under this head. Further, a sum of Rs. 18,081/- has been awarded under the head ''conveyance'', as per the bills produced by the claimant at Exs.P-138 to P-141. The same does not require any interference.

No amount is awarded under the head loss of amenities and pleasure in future life''. Taking into consideration the gravity of injuries sustained by him awarding Rs. 35,000/- under this head would meet the ends of justice.

No amount is awarded under the head loss of future income'', though he had sustained injury to his face and head. A reasonable amount will have to be awarded under the head loss of future income''. Awarding a sum of Rs. 50,000/- would meet the ends of justice.

Hence, claimant is entitled for a total compensation under the following different heads:

In all claimant is entitled for a total compensation of Rs. 2,91,081/- which is rounded off to Rs. 2,91,100/- as against Rs. 1,96,100/- awarded by the Tribunal. The enhanced compensation of Rs. 95,000/- (Rupees Ninety Five Thousand only) shall carry interest at 9% p.a. from the date of claim petition till the date of realisation which is just and proper within the purview of Sections 166 and 168 of Motor Vehicles Act.

ORDER

The appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified. The claimant is entitled for total compensation of Rs. 2,91,100/- as against Rs. 1,96,100/- awarded by the Tribunal. The enhanced compensation of Rs. 95,000/- (Rupees Ninety Five Thousand only) shall carry interest at 9% p.a. from the date of claim petition till the date of realisation.

In the event of deposit of the enhanced compensation, the entire amount shall be released in favour of the claimant.

There is no order as to costs.