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2020 DIGILAW 2127 (KAR)

Yathish v. Ramesh V Poojary

2020-10-23

ASHOK G.NIJAGANNAVAR

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JUDGMENT Ashok G. Nijagannavar, J. - Though this appeal is listed for admission, with the consent of learned counsel for both sides, arguments are heard for final disposal. 2. This appeal has been filed by the claimantpetitioner assailing the judgment and award dated 21.06.2014 passed in MVC No.177/2013 by the Senior Civil Judge and Addl. Motor Vehicle Accident Claims Tribunal, Kundapura (hereinafter referred to as the Tribunal for short). 3. The present appeal is only on the question of quantum of compensation awarded by the Tribunal. In other words, for enhancement of compensation. 4. For the sake of convenience, the parties shall be referred to in terms of their status and ranking before the Tribunal. 5. The petitioner-appellant had filed the claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.11,28,000/- on account of the injuries sustained by him in a road traffic accident against the owner and insurer of the vehicle. 6. On appreciating the oral and documentary evidence placed on record, the Tribunal has awarded compensation of Rs.2,11,640/-. Being aggrieved by the judgment and award passed by the Tribunal, the petitioner-appellant has preferred the appeal for enhancement of compensation. 7. Having heard the submissions of learned counsel for both sides and on perusal of the materials on record and the impugned judgment and award, the following point would arise for consideration: i. Whether there are valid grounds for modification of the judgment and award passed by the Tribunal? In other words, whether the petitioner-appellant is entitled for additional compensation? 8. In the present case, the Tribunal has awarded the compensation under various heads as detailed below: 1 Pain and sufferings Rs.35,000-00 2 Medical expenses Rs.61,810-00 3 Loss of earning during the laid up period Rs.74,825-00 4 Loss of amenities Rs.30,000-00 5 Future Medical expenses Rs.10,000-00 6 Total Rs.2,11,635-00 Rounded off to Rs.2,11,640-00 9. Learned counsel for the petitioner-appellant would contend that the compensation awarded under pain and suffering, loss of amenities and future medical expenses is too meager. The injured-victim, being the Software Engineer, has endured lot of pain and suffering, as such, there are valid grounds for enhancement of compensation under these heads. 10. The Tribunal has awarded compensation of Rs.35,000/- towards pain and suffering. It is stated that the petitioner has taken treatment in the hospital for more than a week and there is a disability of 6% to the whole body. 10. The Tribunal has awarded compensation of Rs.35,000/- towards pain and suffering. It is stated that the petitioner has taken treatment in the hospital for more than a week and there is a disability of 6% to the whole body. As stated by P.W.3, who is the General Surgeon in Chinmayi Hospital, Kundapura, there was a fracture of zygomatic complex and radius styloid with subluxation of wrist joint. P.W.2 has assessed the disability of petitioner to the upper limb to the extent of 14%. 11. Considering the submission of the learned counsel for the petitioner-appellant and respondent No.2-insurance company and the nature of injuries/fracture sustained by the petitioner, this Court is of the view that there are valid grounds for enhancement of compensation towards pain and suffering, loss of amenities and future medical expenses. Accordingly, point No.1 is answered in the affirmative. 12. For the foregoing reasons, the compensation awarded by the Tribunal is modified and enhanced to the extent as follows: 1 Pain and sufferings Rs.55,000-00 2 Medical expenses Rs.61,810-00 3 Loss of earning during the laid up period Rs.74,825-00 4 Loss of amenities Rs.40,000-00 5 Future Medical expenses Rs.20,000-00 6 Total Rs.2,51,635-00 Rounded off to Rs.2,51,640-00 13. In the result, I proceed to pass the following ORDER i. The appeal filed by the petitioner-appellant is allowed-in-part. ii. The impugned judgment and award passed by the Tribunal is modified to the extent that the petitioner-appellant is entitled to the total compensation of Rs.2,51,640-00 with interest at 6% p.a. from the date of petition till the date of realization as against Rs.2,11,640-00 as awarded by the Tribunal. The respondent No.2-Insurance Company is directed to deposit the enhanced compensation before the jurisdictional Tribunal within a period of two months from the date of receipt of certified copy of the judgment/award. Parties to bear their respective costs.