Smt Jayamma Vs Smt Preetham

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.09.2013 PASSED IN MVC NO.196/2012 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, 28^TH ACMM, MACT, BENGALURU, BY ENHANCING COMPENSATION SUITABLY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.09.2013 passed in MVC No.196/2012, by the Motor Vehicles Accident Claims Tribunal at Bengaluru, (SCCH-13) for enhancing the compensation.

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Heard the arguments of learned counsel appearing for the appellant and respondent No.2. Notice to respondent No.1 is dispensed with vide order dated 23.02.2015.

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NC: 2025:KHC:34181 MFA No. 5100 of 2014

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HC-KAR

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The status of the parties before the Tribunal is

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retained for the sake of convenience.

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Learned counsel for the appellant submitted that the Tribunal considering the documentary evidence on record has granted Rs.92,770/- with interest at the rate of 6% per annum from date of petition till realization. Aggrieved by the said judgment and decree, this appeal is preferred. It is contended that petitioner was working as a Tailor and earning Rs.8,000/- per month but the Tribunal has taken her income at Rs.4,500/- per month. The nature of injuries are mentioned and it is also stated that she was incurring Rs.300/- for an Autorickshaw for every visit to the hospital and the compensation awarded is meager and therefore, prefers modification. As per Ex.P.7

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wound certificate, petitioner sustained following

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injuries:-

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"1. Cut lacerated wound over left occipital region.

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2. Abrasion over right foot.

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NC: 2025:KHC:34181 MFA No. 5100 of 2014

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HC-KAR

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3. Left 7^th Rib fracture with Haemothorax."

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Out of which injury Nos.1 and 2 are simple in nature and injury No.3 is grievous in nature. Considering the nature of injuries sustained by the petitioner as per the Wound Certificate, this Court finds it reasonable to grant an amount of Rs.20,000/- towards ‘injuries’. Considering the nature of injuries, this Court finds it reasonable to grant an amount of Rs.15,000/- for ‘pain and suffering, Rs.15,000/- towards ‘loss of amenities’. This Court also finds it reasonable to grant an amount of Rs.16,770/towards ‘medical expenses’ and Rs.30,000/- towards ‘conveyance, diet and attendants charges’.

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The petitioner was aged 50 years and working as ‘Tailor’ and stated that she was getting an income of Rs.8,000/- per month, but she has not filed any document or examined any person to prove the income. The accident is of the year 2011, as per the guidelines of Karnataka State Legal Services Authority, income is to be taken as Rs.5,500/- per month but she herself in the appeal has

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5 - NC: 2025:KHC:34181 MFA No. 5100 of 2014

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HC-KAR

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mentioned her income as Rs.6,000/per month.

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Therefore, this Court finds it appropriate to take her income as Rs.6,000/- per month. Due to the injuries sustained in the accident, she might not have attended

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any other work atleast for a period of 4 months. Hence, towards ‘loss of income during laid up period', an amount of Rs.24,000/- (6,000 x 4) is awarded.

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Thus in all, award of compensation passed by the Tribunal is modified as under:

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Particulars	Amount in Rs.
Injuries	20,000.00
Pain and suffering	15,000.00
Loss of amenities	15,000.00
Medical Expenses	16,770.00
Conveyance, diet and attendants charges	30,000.00
Loss of income during laid up period	24,000.00
Total	1,20,770.00

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6 - NC: 2025:KHC:34181 MFA No. 5100 of 2014

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HC-KAR

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Hence, the compensation is enhanced from

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Rs.92,770/- to Rs.1,20,770/- along with interest at 6%

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per annum from the date of petition till the date of deposit.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed-in-part.

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ii. The judgment and award dated 05.09.2013 passed in M.V.C.No.196/2012 by the Motor Vehicles Accident Claims Tribunal, Bengaluru, is modified;

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iii. The appellant is entitled to a sum of Rs.1,20,770/- along with interest at 6% p.a. from the date of petition till the date of realization as against Rs.92,770/-.

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iv. Respondent No.2 is directed to deposit the said amount within one month from the date of this order.

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