B. M. Nitesh S/o B. Mariyappa v. India Comnet International Pvt. Ltd.
2010-10-21
S.N.SATYANARAYANA
body2010
DigiLaw.ai
JUDGMENT S.N. Satyanarayana, J.— This is claimant's appeal seeking enhancement of compensation awarded for the injuries suffered in a motor accident, which took place on 12.11.2004 at about 5.00 p.m. The fact that claimant was travelling in Tata Indica car from Bangalore to Thirupathi on N.H. 4 and the said vehicle met with an accident due to rash and negligent driving of Honda City Car bearing No. TN-22-AE-4582 near Kantharaja circle, Mulbagal is not in dispute. It is also not in dispute that claimant has suffered fracture of shaft of left humorous and abrasion over mid frontal region and fore head in the said accident. That he was inpatient in Rajashekhar Hospital, Bangalore, wherein he has undergone surgery for fixation of implant to unite fracture suffered by him is also not in dispute. The claimant has filed a petition before the Court below seeking compensation in a sum of Rs. 6,00,000/-. In the said proceedings after recording evidence of claimant's mother and Doctor, who treated claimant, the Court below awarded compensation in a sum of Rs. 53,500/- payable with interest at 6% p.a., from the date of petition till date of payment of the same by Respondents. The claimant being aggrieved by the same lias come up in this appeal seeking enhancement of compensation awarded by the Court below. 2. Heard the counsel for the claimant and contesting Respondent. On reappreciation of the pleadings, evidence and documents available on record it is seen that the Court below has awarded a sum of Rs. 22,000/- towards pain and suffering. Considering the fact that claimant was aged about 11 years, he has undergone surgery for putting of implants, he has to further undergo surgery for removal of the same, he was under treatment for a prolonged period of more than two to three months with implants and surgery being conducted on left shoulder has undergone crucial pain, the compensation awarded at Rs. 22,000/- is on lower side and the same is enhanced by another Rs. 8,000/-. 3. Further, it is seen that due to the accident claimant was not able to attend to his studies for a period of nearly six months during the academic year in which he suffered injury and the Court below has not awarded any compensation for the sarhe. Therefore, additional compensation of Rs. 5,000/-is awarded for loss of academic progress during the period of treatment. 4.
Therefore, additional compensation of Rs. 5,000/-is awarded for loss of academic progress during the period of treatment. 4. It is also seen that court below has awarded a sum of Rs. 15,000/- towards loss of amenities and happiness. Considering the fact that fracture suffered by claimant to his left shoulder would come in the way of his extra curricular activities and in participation of sports and other activities the amount of compensation awarded at Rs. 15,000/- is less and the same is required to be enhanced, by another Rs. 5,000/-. So far as the compensation awarded by court below under the other heads appears to be just and proper. 5. Accordingly, this appeal is allowed, in part revising the compensation awarded by court below by awarding additional compensation in a sum of Rs. 18,000/- (as calculated above) payable with interest at 6% p.a., from the date of petition till date of realisation. Since 2nd Respondent insurance company has already satisfied the compensation awarded by court below additional compensation shall also be deposited by 2nd Respondent within two months from today. Immediately on such deposit, entire amount shall be deposited in any nationalised bank in the name of claimant until he attains majority.