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2013 DIGILAW 1213 (KAR)

Minor Bhagyamma rep. by Her Father & Natural Guardian, G. Bommanna @ Bommaiah v. Neelambika S. Masti

2013-10-24

B.MANOHAR

body2013
Judgment : 1. Appellant is a claimant, being not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Bellary (for short 'the Tribunal') by its impugned judgment and award dated 19-03-2010 in MVC No.1041/2006, filed this appeal seeking for enhancement of the compensation. 2. The appellant is a minor represented by her guardian-father. She filed a claim petition before the Tribunal, Bellary contending that on 10-08-2006, the appellant along with her father while crossing the road, a car bearing registration No.KA-27/M-969 came from Bellary side in a high speed and in rash and negligent manner and dashed against the claimant. Due to the impact, the claimant sustained grievous injuries. She was admitted to VIMS Hospital at Bellary and she was in-patient for 13 days. In the accident, she has suffered fracture of upper 1/3rd right femur and also fracture of lower end of ulna of left forearm. At the time of accident, the claimant was aged about 9 years, studying in III Standard. In view of the accident, the educational career was curtailed and huge amount was spent towards her treatment. Hence, she filed a claim petition claiming compensation of Rs.4,80,000/-. 3. Though the owner of the offending vehicle was served with notice, he remained unrepresented. The second respondent-Insurer filed the written statement denying the averments made in the claim petition and contended that due to the negligence on the part of the claimant while crossing the road, the accident has occurred and the compensation claimed is exorbitant and sought for dismissal of the claim petition. 4. The guardian/father of the claimant got examined himself as P.W.1 and also examined the doctor who has treated the claimant as P.W.2 and got marked the documents as Ex.P1 to Ex.P6. On behalf of the Insurer, an officer of the Insurer was examined as R.W.1 and got the insurance policy marked as Ex.R1. 5. The Tribunal on appreciating the oral and documentary evidence, the police records and other relevant records held that due to the rash and negligent driving of the car bearing registration No.KA-27/M-969 by its driver, the accident has occurred. The police have also registered a case against the driver of the offending vehicle and in the criminal case, the driver has pleaded guilty and paid penalty. Hence, the claimant is entitled for compensation. The police have also registered a case against the driver of the offending vehicle and in the criminal case, the driver has pleaded guilty and paid penalty. Hence, the claimant is entitled for compensation. Taking into consideration the two fractures and other injuries sustained by the claimant in the accident, the Tribunal has awarded compensation of Rs.1,06,000/-. The claimant being not satisfied with the quantum of compensation awarded by the Tribunal has filed this appeal, seeking enhancement of compensation. 6. Sri.Y.Lakshmikanth Reddy, learned Counsel appearing for the appellant contended that the compensation awarded by the Tribunal is on the lower side and requires enhancement. In the accident that occurred on 10-08-2006, the claimant has sustained fracture of upper 1/3rd right femur and also fracture of lower end of ulna of left forearm and other injuries. She was in-patient for a period of 13 days and even after discharge from the hospital, she has taken follow-up treatment. The Tribunal has awarded Rs.35,000/- towards pain and suffering which is on the lower side and also very meager compensation has been awarded towards attendant charges, nursing, nourishment and conveyance and other charges. Further, the compensation awarded towards loss of academic year is also on the lower side. Hence, the judgment and award passed by the Tribunal is required to be modified by enhancing the compensation. 7. On the other hand, Sri.M.G.Gadagoli, learned Counsel appearing for the second respondent-Insurer argued in support of the judgment and award passed by the Tribunal and contended that the Tribunal on appreciating the oral and documentary evidence and also considering the evidence of the doctor has awarded just and fair compensation and the same is not liable to be interfered with by this court and sought for dismissal of the appeal. 8. I have carefully considered the arguments addressed by the parties, perused the impugned judgment and award and the oral and documentary evidence adduced by the parties. 9. The records clearly disclose that due to the rash and negligent driving of the car bearing registration No. KA-27/M-969, the claimant has sustained grievous injuries in the accident that occurred on 10-08-2006 while crossing the road. She was treated in VIMS Hospital at Bellary for the fractures sustained by her and she was in- patient for a period of 13 days. Even after discharge from the hospital, she has taken follow-up treatment. She was treated in VIMS Hospital at Bellary for the fractures sustained by her and she was in- patient for a period of 13 days. Even after discharge from the hospital, she has taken follow-up treatment. The appellant's guardian has spent huge money for her treatment and for other expenses also. The Tribunal has not taken into consideration the expenditure incurred by the claimant for her treatment. Hence, I am of the view that the appellant is entitled for another sum of Rs.15,000/- towards pain and sufferings, Rs.20,000/-towards attendant, nursing, nourishment and conveyance charges, Rs.10,000/-towards loss of amenities of life due to shortening of her right leg by 1" and a sum of Rs.5,000/-towards loss of academic career. In all, the claimant is entitled for enhanced compensation of Rs.50,000/- with interest at the rate of 6% p.a. from the date of petition till realization. Accordingly, I pass the following: ORDER The Appeal is allowed in part. The impugned judgment and award dated 19-3-2010 made in MVC No.1041/2006 passed by the Tribunal is modified. The claimant is entitled to enhanced compensation of Rs.50,000/-with interest at the rate of 6% p.a. from the date of petition till realization. The second respondent-Insurer is directed to release the enhanced compensation amount within a period of three months from the date of receipt of a copy of this order.