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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant for enhancement of compensation.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
Brief facts of the case are:
That on 14.06.2006 when the claimant was going with her father in Yamaha motor cycle bearing registration No. KA.06K6526 to SJR School situated at Sadashivanagar, Tumkur a Scorpio car bearing registration No. KA04MC8018 came in a rash and negligent manner and dashed against their motor bike and the claimant sustained injuries. As the claimant was minor, the claim petition was filed through her father and natural guardian before the Addl. Civil Judge (Sr. Dn.) and MACT, Tumkur (Tribunal) seeking compensation of Rs. 5,00,000/-. The Tribunal after consideration of the oral and documentary evidence on record by the impugned judgment and award awarded her a compensation of Rs. 93,157/- with interest at 6% p.a. from the date of claim petition till realisation. Aggrieved by the quantum of compensation awarded by the Tribunal, she has come up in appeal seeking enhancement.
As there is no dispute regarding the bodily injury sustained by the claimant in a motor road accident, and the liability of the Insurance Company, the only point remains for my consideration is:
Whether the compensation awarded by the Tribunal is just and proper or it calls for enhancement?
Sri N.S. Sanjay Gowda, learned Counsel appearing for the claimant submits that the Tribunal has committed an error in awarding only Rs. 35,000/- towards pain and sufferings and not awarding any compensation towards future medical expenses and marriage prospects and therefore he prays for allowing the appeal by enhancing the compensation.
Smt. Renuka H.R. learned Counsel appearing for the Insurance Company submits that the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement and therefore she prays for dismissal of the appeal.
After hearing the learned Counsel for the parties and perusing the award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced.
The claimant has sustained the following injuries:
a) Right thigh swelling, shortening, deformity, bony tenderness present;
b) Left wrist deformity, swelling, bony tenderness present;
c) Right side elbow posteriorly two disability;
d) Multiple abrasions;
e) Right side forehead abrasion;
f) Left side forehead abrasion;
g) Left, side cheek abrasion;
h) Abrasion over the upper lip
The injuries sustained by the claimant are evident from the wound certificate Ex. P 3 and supported by the oral evidence of the father of the claimant and the doctor who were examined as PW 1 and PW 4 respectively. The claimant was treated as inpatient in Vijaya Hospital, Banashankari, Tumkur for about 10 days.
Considering the nature of injuries Rs. 35,000/-awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another sum of Rs. 5,000/- and I award Rs. 40,000/ under the said head.
As Rs. 53,157/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant, there is no scope for enhancement of the same.
Considering the nature of injuries and duration of treatment, Rs. 5,000/- awarded towards conveyance, nourishment and attendant charges is on the lower side and it is deserved to be enhanced by another sum of Rs. 5,000/- and I award Rs. 10,000/- under the said head.
PW 4 the doctor has stated that there is no permanent disability and therefore the Tribunal rightly has not awarded compensation towards loss of amenities and future loss of income.
However the fact remains that the claimant has sustained injuries to her face and the scar remains on her face which would definitely affect her marriage prospects and therefore it is just and proper to award Rs. 10,000/- under the head loss of marriage prospects and I award the same.
Thus in all the claimant is entitled for a total compensation of Rs. 1,13,157/- as against Rs. 93,157/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 20,000/- from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the compensation amount with interest within two months from the date of receipt of a copy of this order.
The enhanced compensation of Rs. 20,000/- with proportionate interest shall be invested in F.D. in any nationalised or scheduled bank in the name of claimant till she attains majority.
Accordingly the appeal is allowed in part and the judgment and award of the Tribunal is modified to the extent stated hereinabove. No order as to cost.