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2013 DIGILAW 1026 (KAR)

K. Ramamani v. Venkatashetty

2013-09-02

B.MANOHAR, N.K.PATIL

body2013
JUDGMENT 1. This is a claimant's appeal against the impugned judgment and award dated 13/06/2011 passed in MVC No.400/2010, by the Presiding Officer, Fast Track Court-II and Member, Additional Motor Accident Claims Tribunal, Mysore, (for short 'Tribunal'), for enhancement of compensation, on the ground that, a sum of Rs.45,000/-awarded by the Tribunal under different heads with interest at 6% p.a., from the date of petition till its deposit as against the claim of Rs.18,10,000/-, on account of the injuries sustained by her in the road traffic accident is inadequate. 2. In brief, the facts of the case are: The appellant claims to be aged about 34 years at the time of the accident. She was hale and healthy prior to the accident and working as Typist in Commercial Tax Department, Mysore. That at about 5.30 p.m., on 02.6.2007, when she was returning to her house from office on her Honda Activa vehicle bearing Reg.No. KA.09.EH.1204 on KRS Road and when she reached near Maharaja College gate, at that time, the rider of the TVS Scooty bearing No.KA.09.EG.8002 came in a rash and negligent manner and dashed against her vehicle. Due to which, she fell down and sustained comminuted fracture of both bones of left fore arm and other injuries. Immediately, she was admitted to BGS Apollo hospital, Mysore, where she took treatment as inpatient for one week, underwent surgery, implants were inserted and thereafter, on the advise of the Doctor, she has taken bed rest and follow up treatment. 3. It is the further case of the appellant that she spent considerable amount towards medical and other incidental expenses and on account of the injuries sustained by her, she suffered permanent disability and the Doctor has assessed the disability at 9% to the left hand. Taking all these aspects into consideration, appellant has filed a claim petition before the Tribunal, under Section 166 of M.V. Act, claiming compensation against the respondents. 4. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs.45,000/-as compensation under different heads with interest at 6% p.a., from the date of petition till its deposit. 5. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation. 5. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation. 6. We have heard the learned counsel appearing for appellant and learned counsel for Insurer. 7. After hearing the learned counsel for the parties and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, it emerges that, the occurrence of the accident and the resultant injuries sustained by the appellant as per Ex.P4 are not in dispute. Further it emerges that, the Tribunal has awarded a sum of Rs.45,000/- towards pain and sufferings, medical and incidental expenses and towards loss of amenities in future, which is on lower side and it needs to be enhanced. Admittedly, on account of the fracture of both bones of left arm sustained by the appellant, she has taken treatment as inpatient for one week, underwent operation, implants were inserted. During the said period, she might have underwent lot of pain and agony, might have spent reasonable amount towards medical expenses, conveyance and other incidental charges and we presume that, she might have taken bed rest and follow up treatment atleast for three months. Further, it emerges that, on account of the injuries sustained by her she has suffered permanent disability at 9% to the hand as per Ex.P7 and it would affect her happiness in future life and as per the evidence of the Doctor, she has to undergo one more operation for removal implants and for that she may require some reasonable amount. Therefore, taking all these aspects into consideration, we award another sum of Rs.25,000/-with interest a 6% p.a. from the date of petition till its realization. 8. Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 13/06/2011 passed in MVC No.400/2010, by the Presiding Officer, Fast Track Court-II and Member, Additional Motor Accident Claims Tribunal, Mysore, stands modified, awarding the additional compensation of Rs.25,000/-with interest at 6% p.a., from the date of petition till its realization. The Insurer is directed to deposit the enhanced compensation of Rs.25,000/- with interest at 6% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment. The Insurer is directed to deposit the enhanced compensation of Rs.25,000/- with interest at 6% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment. Immediately on deposit by the Insurer, the entire enhanced compensation with interest shall be released in favour of appellant. Draw the award, accordingly.