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2010 DIGILAW 428 (KAR)

ANIL KUMAR v. LAKSHMAMMA

2010-04-01

B.SREENIVASE GOWDA

body2010
JUDGMENT The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal. 2. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal. 3. Brief facts of the case are: The claimant having sustained bodily injuries in a motor road accident occurred on 6-7-2007, while travelling as pillion rider on a motor cycle bearing registration No. K-50-E-4861, due to rash and negligent driving of a tipper lorry bearing registration No. CNT-7248, filed a claim petition before the Motor Accident Claims Tribunal, Court of Small Causes, Bangalore City, SCCR-10 (Tribunal) seeking compensation. The Tribunal awarded him a compensation of Rs. 61,000/with interest at 6% p.a. from the date of claim petition till realisation. Aggrieved by the quantum of compensation awarded by the Tribunal, he has come up in appeal seeking enhancement. 4. As there is no dispute regarding injuries sustained by the claimant in a motor road accident, and the liability of the Insurance Company, the only point that arises for my consideration is: Whether the compensation awarded by the Tribunal is just and proper or it calls for enhancement? 5. The learned Counsel appearing for the claimant submits, considering the nature of injuries sustained by the claimant and duration of treatment undergone by him, the compensation awarded by the Tribunal is on the lower side and therefore he prays for allowing the appeal and enhancing the compensation. 6. Per contra, the learned Counsel appearing for the respondent-Insurance Company submits, the compensation, awarded by the Tribunal is just and reasonable and there is no scope for enhancement and he prays for dismissal of the appeal. 7. After hearing the learned Counsel appearing for the parties and perusing the judgment and 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 required to be enhanced. The claimant has sustained the following injuries: (1) Head injury with multiple lacerated injuries of scalp; (2) Haematoma over left side of face, multiple abrasion injuries of face lacerated injury over chin; (3) Abrasion injuries over left shoulder and right elbow. Injuries sustained by the claimant are evident from the wound certificate-Ex. The claimant has sustained the following injuries: (1) Head injury with multiple lacerated injuries of scalp; (2) Haematoma over left side of face, multiple abrasion injuries of face lacerated injury over chin; (3) Abrasion injuries over left shoulder and right elbow. Injuries sustained by the claimant are evident from the wound certificate-Ex. P. 4 and supported by the oral evidence of the claimant and the doctor who were examined as P.Ws. 1 and 2 respectively. The claimant was treated as inpatient for about 7 days in N.R.V. Hospital and subsequently, in Sri Maruthi Nursing Home, Bangalore. 8. Considering the nature of injuries Rs. 25,000/- awarded by the Tribunal towards pain and suffering is just and proper and it does not require enhancement. 9. When the claimant has produced medical bills for Rs. 22,416/- as per Ex. P. 6, the Tribunal is not justified in awarding Rs. 15,000/towards medical expenses stating that bills issued by the hospitals are exorbitant and therefore, I award the said sum of Rs. 22,416/- as against Rs. 15,000/- awarded by the Tribunal towards medical expenses. 10. Considering the duration of treatment, Rs. 53,000/- awarded by the Tribunal towards conveyance, nourishment and attendant charges is on the lower side and it is required to be enhanced by another Rs. 3,000/and I award Rs. 6,000/- under this head. 11. Rs. 8,000/- awarded by the Tribunal towards loss of income during laid up period is just and proper and it does not call for interference. 12. The claimant is aged about 19 years and he is yet to be married. He has sustained injury to his face and scar remains on his face. Naturally, it would affect his marriage prospects. Therefore, Rs. 10,000/awarded by the Tribunal towards loss of amenities is on the lower side and it is just and proper to award a sum of Rs. 25,000/- towards loss of amenities and loss of marriage prospects. 13. Thus, the claimant is entitled for a total compensation of Rs. 86,416/- as against Rs. 61,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 25,416/- rounded of to Rs. 25,500/- from the date of claim petition till the date of realisation. The Insurance Company is directed to deposit the compensation amount with interest within four weeks from the date of receipt of a copy of the award. 61,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 25,416/- rounded of to Rs. 25,500/- from the date of claim petition till the date of realisation. The Insurance Company is directed to deposit the compensation amount with interest within four weeks from the date of receipt of a copy of the award. Out of the enhanced compensation 50% with proportionate interest is directed to be invested in Fixed Deposit in any Nationalised or Scheduled Bank in the name of the claimant for a period of seven years. The remaining amount with proportionate interest is ordered to be released in favour of the claimant. 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.