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Judgment
N.K. Patil
This appeal by the claimant is directed against the common judgment and award dated lst March 2011, passed in M.V.C.No.402/2010, by the XIX Additional Small Cause Judge, Motor Accident Claims Tribunal, Bangalore, (for short, Tribunal'') for enhancement of compensation on the ground that, the compensation of ` 10,000/- with interest @ 8% p.a. awarded in favour of the claimant as against her claim for `8,00,000/- , is inadequate.
The appellant claims to be aged about 30 years and hale and healthy prior to the date of accident. That the occurrence of accident at about 6:10 A.M. on 26-09-2009, when the appellant was proceeding in an autorickshaw bearing No.KA-05/C-2748 along with flowers, near Bangalore Dairy Circle/junction, due to rash and negligent driving by the driver of a BMTC bus bearing No.KA-01/FA-275, is not in dispute it is also not in dispute that the appellant has sustained moderate head injury B/L oedema and was immediately admitted to Victoria Hospital, where she was in-patient for a period of three days.
It is her further case that, on account of the injuries sustained in the accident, she has undergone severe pain and agony and for the treatment of the said injuries, she has spent reasonable amount towards conveyance nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated reasonably.
The Learned Counsel for appellant contends that the Tribunal is not justified in not awarding reasonable compensation and therefore, the impugned judgment and award may be modified accordingly.
On account of the injuries sustained in the accident, the appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of `08.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 1st March, 2011. The Tribunal, alter considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of `10,000/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.
I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the Learned Counsel appearing for the appellant and also Insurer.
After careful perusal of the impugned judgment, and award passed by Tribunal, it can be seen that, the Tribunal, after assessing the oral and documentary evidence available on file, has awarded global compensation of `10,000/- with interest at 6%. The same is on the lower side and needs to be enhanced, for the reason that the appellant has sustained moderate head injury B/L oedema. She has taken treatment for a period of three days as per Ex. P12, discharge summary. As per Ex. P10, she has sustained mild oedema brain and small peculiar of contusion both the frontal area. But, she has failed to examine the Doctor. She was aged about 30 years at the time of accident. Having regard to the fact that she has sustained some injuries related to head and she may have to incur further incidental expenses and having regard to the age and the nature of injuries sustained, I award a global compensation of a sum of `15,000/- , with interest at 6% per annum, in addition to the compensation awarded by Tribunal.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part:. The impugned judgment and award dated 1st March 2011, passed in M.V.C.No.402/2010, by the XIX Additional Small Cause Judge, Motor Accident Claims Tribunal, Bangalore, is hereby modified, awarding compensation of a sum of `15,000/- with interest at 6% per annum, from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal.
The second respondent - Insurer is directed to deposit the enhanced compensation of `15,000/- , with interest thereon at 6% per annum, from the date of petition till the date of realization, within three weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurer, the entire sum shall be released in favour of the appellant, immediately.
Office to draw award, accordingly.
Shri A.M. Venkatesh, Learned Counsel is permitted to file vakalath on behalf of second respondent, within four weeks from today.