Chiranth Vs M Suresh

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.12.2014 PASSED IN MVC NO.638/2012 ON THE FILE OF THE ITINERATE COURT OF THE SENIOR CIVIL JUDGE & XIX MACT, AT CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA

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ORAL JUDGMENT

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This is the claimant's appeal against judgment and award dated 19.12.2014 passed by the Itinerate Court of the Senior Civil Judge and XIX MACT, Chikkanayakanahalli, (for short as 'the Tribunal') in MVC No.638/2012 for enhancement of comepnsation.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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Brief facts of the case are that on 08.05.2011 at about 6.00 p.m., the claimant met with an accident due to rash

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and negligent driving of the car bearing Reg.No.KA-50-553, by its driver. As a result of which, the claimant sustained grievous

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HC-KAR

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injuries and underwent treatment at Adi-Chunchanagiri Hospital, as well as Aasha Hospital, where he was admitted as inpatient from 08.05.2011 to 16.05.2011 and again from 23.01.2012 to 25.01.2012. He was a student pursuing the 2^nd year MBBS course. Due to injuries sustained in the accident, his academic year was seriously affected. Based on these reasons, he prayed to award compensation.

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Respondent No.1 is owner and respondent No.2 is insurer of the offending vehicle. Respondent No.2 denied contentions made in the claim petition and also denied its liability to pay the compensation.

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From the rival contentions of the parties, the

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Tribunal had framed the necessary issues for its determination.

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It appears that there were four matters arising out of the same accident; they are MVC Nos.639/2012, 640/2012, 869/2012 and 638/2012. The Tribunal clubbed all these matters and recorded the common evidence. The claimants to prove their respective cases examined 4 witnesses as PWs.1 to 4 and got marked 110 documents as Exs.P.1 to P.110. Respondents marked one document as Ex.R.1.

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HC-KAR

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After hearing both the parties and appreciating the

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pleading and evidence available on record, the Tribunal

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awarded the following amount of compensation:

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Sl.No	Heads	Amount
1.	Pain and agony in respect of injury No.1	Rs.20,000/-.
	Pain and agony in respect of injury No.2	Rs.4,000/-
2.	Medical expenses	Rs.17,200/-
3.	Food, nourishment and attendant charges	Rs.10,000/-
4.	Charges Conveyance	Rs.6,400/-
	Total	Rs.57,600/-

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Learned counsel for the appellant vehemently

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contends that the amount of compensation awarded is inadequate. The claimant had sustained grievous injuries, and the same was not considered by the Tribunal. The amount of compensation awarded under the heads 'pain and suffering' and 'medical expenses' are on the lower side. No amount of compensation is awarded towards loss of academic year. With these reasons, he prayed to enhance the compensation.

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HC-KAR

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The Tribunal in the impugned judgment, at Page No.12 noted the injuries sustained by the claimant, they are not grievous injuries. However, the duration taken for treating the said injuries indicates that it was not so simple. If the injuries were indeed minor, there would have been no need for hospitalization for 11 to 12 days. The claimant had undergone treatment at a private hospital and thereby would have incurred significant expenses towards medical and incidental costs. Considering all these facts and circumstances, the claimant is entitled to an enhancement of global compensation by Rs.15,000/-. He is also entitled for interest on the said amount at the rate of 6% p.a., from the date of petition till its realization. The Tribunal has already held that respondents are liable to pay the compensation. Accordingly, I pass the following:

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ORDER

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