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2018 DIGILAW 67 (JK)

Anuradha v. Oriental Insurance Co. Ltd.

2018-02-06

RAMALINGAM SUDHAKAR

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JUDGMENT : 1. This is claimant’s appeal for enhancement of the compensation awarded by Motor Accident Claims Tribunal, Jammu (for short, "the Tribunal") vide award 18.03.2005. 2. It is a case of accident. On 19.11.2001, Appellant- Anuradha (hereinafter referred to as ‘claimant’) aged 07 years at the time of accident, while going back to her residence from School met with an accident due to rash and negligent driving of the offending vehicle (Maruti Van) bearing Registration No. JKS-1777. In the said accident claimant suffered various injuries to the body and face. It is also alleged that there is loss of hearing and she remained admitted in the hospital from 19.11.2001 to 26.11.2001. 3. In this case, the Tribunal has granted the following compensation:- 1. Cost of medicines Rs. 5,000/- 2. Transport charges Rs. 5,000/- 3. For pain and suffering Rs. 15,000/- 4. In all the Tribunal has granted Rs. 25,000/- as compensation with interest at the rate of 6% p.a. with effect from the date of institution of the claim petition. 5. In appeal it is pleaded that compensation awarded by the Tribunal is on the lower side. 6. Keeping in view the age of the claimant-Anuradha and the injuries suffered, Rs. 5000/- is awarded towards attendant charges, Rs. 5000/- for physiotherapy an amount of Rs. 5000/- is granted for extra nutrition which should be given in injury cases. 7. In modification of the award of the Tribunal, the claimant is held entitled to compensation as under:- S. No. Heading Award of the Tribunal Modified Award 1. Cost of medicines Rs. 5,000/- Rs. 5,000/- 2. Transport charges Rs. 5,000 Rs. 5,000/- 3. For Pain and suffering Rs. 15,000/- Rs. 15,000/- 4. Attendant charges Nil Rs. 5,000/- 5 Physiotherapy Nil Rs. 5,000/- 6. Extra nutrition Nil Total Rs. 5,000/- Rs. 40,000/- 8. The compensation is thus enhanced from Rs.25,000/- to Rs. 40,000/- 9. Interest @ 6% per annum granted by the Tribunal is confirmed. The enhancement amount made will suffer interest @ 6% per annum from the date of filing of the claim petition till liquidation. 10. Appeal is, accordingly, allowed as above. 11. Respondent No. 1-Insurance Company is directed to deposit the enhance amount within four weeks from today. On amount being deposited claimant will be at liberty to withdraw the same. 12. The enhancement amount made will suffer interest @ 6% per annum from the date of filing of the claim petition till liquidation. 10. Appeal is, accordingly, allowed as above. 11. Respondent No. 1-Insurance Company is directed to deposit the enhance amount within four weeks from today. On amount being deposited claimant will be at liberty to withdraw the same. 12. Learned counsel for the Insurance Company pointed out that the appeal filed by the claimant was dismissed in default by this Court on 09.02.2010 and the same came to be restored on 10.04.2017 and for that period no interest could be granted. 13. In view of the above, the claimant would be entitled to compensation as above with interest less the period during which the said case remained in-default i.e. from 9.02.2020 to 10.04.2017.