Smt. Kamala Bai vs The Managing Director, Karnataka State Road Transport Corporation, K.H. Road, Bangalore, Smt. M. Chandramathi and The New India Insurance Co., Ltd.

N.K. Patil

This appeal by the claimant is directed against the judgment, and award dated 4th May 2010, passed in M.V.C. No. 174/2009, by the Member, Additional Motor Accident Claims Tribunal and Additional Senior Civil Judge, Ramanagara, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 3,000/ with interest @ 6% p.a. awarded in favour of the claimant as against her claim for Rs. 1,50,000/- is inadequate. The appellant claims to be aged about 45 ears and hale and healthy prior to the date of accident. That the occurrence of accident at about 4:15 P.M. on 30-11-2006, when the appellant was travelling in a KSRTC Bus, near H.J.S. Joot Factory on Ramanagara-Kanakapura Road, due to rash and negligent, driving by the driver of the said bus bearing No. KA-41/F-21, is not in dispute. It is also not in dispute that the appellant has sustained grievous injuries. Due to the said injuries sustained in the accident, she was shifted to Ramanagara Government Hospital. Chitradurga for treatment.

It is the further case of the appellant 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 erred in not awarding reasonable compensation and hence, 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 Rs. 1,50,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 4th May, 2010. The Tribunal, after 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 Rs. 3,000/- 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 Corporation.

After careful perusal of the impugned judgment and award passed by Tribunal, it can be seen that, the Tribunal, has not awarded reasonable compensation. Admittedly, due to the injuries sustained in the accident, the appellant was inpatient in the Government Hospital. During the treatment period, she would have spent reasonable amount towards conveyance nourishing food and attendant charges and might have also undergone lot of pain and agony. Further, as per the wound Certificate. Ex.P4, she has suffered tenderness ever forehead, right and left knee joints. The injuries, particularly the head injury, which may look simple at this stage, may aggravate after old age. Therefore, having regard to the nature of injuries sustained and other aspects of the matter. I deem it fit to award a global compensation of a sum of Rs. 3,000/-. 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 4th May 2010, passed in M.V.C. No. 174/2009, by the Member, Additional Motor Accident Claims Tribunal and Additional Senior Civil Judge, Ramanagara, is hereby modified, awarding compensation of a sum of Rs. 3,000/-, 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 first respondent - KSRTC is directed to deposit the enhanced compensation of Rs. 3,000/-, 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 KSRTC, the entire sum shall be released in favour of the appellant, immediately. Office to draw award, accordingly.