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Judgment
81 paragraphs · 762 wordsShivashankar, J
This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 20.10.2023 passed in MVC No.387/2021 by the I Additional District Judge and MACT-II, Mangaluru.
The appellant/claimant made claim petition for the injuries sustained by him in a road traffic accident which took place on 30.10.2020 contending that the accident has occurred due to rash and negligent driving of the driver of the car bearing No.KA-21-P-8643. The Tribunal recorded evidence and appreciating the evidence on record, has awarded compensation under different heads as under:
SL.No.
Particulars
Amount in Rs.
01.
Medical expenses
2,90,836-00
02.
Loss of earning during period of treatment andhospitalisation
58,000-00
03.
Pain and suffering
25,000-00
04.
Conveyance and attendant charges nourishment and diet food
30,000-00
05.
Future medical expenses
30,000-00
06.
Loss of future amenities
20,000-00
07.
Loss of future earnings due to disability
6,26,400-00
Total
10,80,236-00
The Tribunal has also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent Nos.1 and 2, the owner and insurer to pay the compensation amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.
Heard the learned counsel for the appellant and learned counsel for respondent No.2-insurer.
Learned counsel for the appellant would contend that the claimant has sustained six injuries and out of them two are fractures and he was admitted in hospital for 62 days. Considering the same the compensation awarded for pain and suffering, conveyance, attendant charges and loss of amenities are on lower side.
Learned counsel for respondent No.2 / insurer would contend that the compensation awarded on all heads is just and proper and there are no grounds for enhancement.
Having heard the learned counsels, the Court has perused the judgment and award and trial Court records.
The claimant was aged 23 years working as security guard in Reliance Supermarket, Puttur. Ex.P3, wound certificate discloses that appellant/claimant has sustained the following injuries:
• Lacerated wound over the right knee 3 cm x 3 cm over deep.
• Lacerated wound over the right leg 6cm x 2cm over deep.
• Lacerated wound over the right foot 6cm x 4cm muscled oral aspect.
• Lacerated wound over the left knee.
• Fracture of 5th distal phalanx right foot.
• Fracture of right head of femur joint and other parts of the body.
Out of the said six injuries, injury No.5 and 6 are grievous injuries. The claimant has been admitted in the hospital for 62 days. Considering the fact that the claimant has sustained two fractures and four other simple injuries, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.25,000/- is on lower side and the claimant is entitled for a sum of Rs.75,000/- under the said head.
As the claimant has been admitted in the hospital for 62 days, he is entitled for attendant charges, conveyance, nourishment etc in a sum of Rs.62,000/- as against Rs.30,000/- awarded by the Tribunal. Considering the fact that the claimant has sustained fractures and other injuries, he is entitled for a sum of Rs.40,000/- towards loss of amenities. The Tribunal has awarded just and fair compensation for medical expenses, loss of income during laid up period, future medical expenses and loss of future earnings.
Thus, the claimants are entitled to total compensation under different heads as under:
SL.No.
Particulars
Amount in Rs.
01.
Medical expenses
2,90,836-00
02.
Loss of earning during period of
treatment and hospitalisation
58,000-00
03.
Pain and suffering
75,000-00
04.
Conveyance and attendant
charges nourishment and diet
food
62,000-00
05.
Future medical expenses
30,000-00
06.
Loss of future amenities
40,000-00
07.
Loss of future earnings due to
disability
6,26,400-00
Total
11,82,236-00
Considering the above aspects, the claimant is entitled to enhanced compensation of Rs.1,02,000/- (Rs.11,82,236 - Rs.10,80,236) with interest @ 6% p.a. from the date petition till realization. In the result, the following:
ORDER
i) The appeal is allowed in part.
ii) The appellant/claimant is entitled for enhanced compensation of Rs.1,02,000/- with interest @ 6% p.a. from the date of petition till the date of realization.
iii) Respondent No.2 - insurer shall deposit the enhanced compensation with interest within six weeks from this day failing which it is liable to pay interest @ 9% p.a. from this day till the date of payment.
iv) The appellant/claimant is entitled to release of entire compensation amount.
v) The appellant/claimant is not entitled to interest for the delayed period of 286 days in filing the appeal.