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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 27th November 2006, passed in M.V.C. No. 105/2005, by the I Additional District Judge, Member, Motor Accident Claims Tribunal-II, Dakshina Kannada, Mangalore, (for short, ''Tribunal'' ) for enhancement of compensation on the ground that, the compensation of Rs. 22,750/- awarded in favour of the claimant as against her claim for Rs. 05.00 Lakhs, is inadequate.
The Appellant claims to be aged about 25 years, studying Diploma in Education and was hale and healthy prior to the date of accident. That the occurrence of accident at about 9:15 A.M., on 11-12-2004 near Kapitanio in Mangalore on account of rash and negligent driving by the driver of the bus and the resultant injuries sustained by the Appellant, are not in dispute.
It is the case of the Appellant that on account, of the accident, she has undergone treatment in the Hospital and sustained fracture of right scaphoid bone and she had restriction of movement of the wrist joint and also weakness of grin strength of the right hand and the permanent whole body disability assessed by Doctor is 5% and she has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated reasonably.
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. 5.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 27th November, 2006. 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. 22,750/- with interest at 6% per annum from the date of petition till the date of payment. 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 heard learned Counsel for Appellant and learned Counsel for Insurance Company, for considerable length of time.
After hearing learned Counsel for the parties and after perusal of the judgment and award passed by Tribunal including the original records placed before me, I am of the view that, the Tribunal has erred in not taking into consideration the nature of injuries sustained by the Appellant while awarding compensation. The Appellant has sustained the injuries as stated above and the whole body permanent disability assessed by Doctor is 5%. The Appellant at this age has to pull on the rest of her life with this disability. But, the Tribunal has failed to award any compensation towards loss of amenities, discomforts and unhappiness on account of disability.
Therefore, having regard to the nature of injuries sustained in the accident and taking into consideration all the above aspects, I am of the view that the claimant is entitled to an additional compensation of Rs. 23,000/- with interest at 6% per annum from the date of petition till the date of realisation.
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 27th November 2006, passed in M.V.C. No. 105/2005, by the I Additional District Judge. Member, Motor Accident Claims Tribunal-II, Dakshina Kannada, Mangalore, is hereby modified, awarding a sum of Rs. 25,000/- with interest at 6% per annum, in addition to the compensation awarded by Tribunal.
The Insurance Company is directed to deposit the enhanced compensation of Rs. 25,000/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, the entire sum shall be released in favour of the Appellant, immediately.
Office to draw award, accordingly.