Sri Peter Simon D'Souza Vs Sri Sadananda Chatra

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.95/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, 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/claimant challenging the judgment and award dated 28.02.2015 passed in MVC No.95/2014, by the Additional Motor Accident Claims Tribunal & Prl. Senior Civil Judge, Udupi. (hereinafter referred as 'Tribunal' for short), seeking for enhancement of compensation.

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Learned counsel for the appellant is absent. The arguments of learned counsel for respondent No.2 have already been heard. However, despite the matter is listed, learned counsel for the appellant did not turn-up.

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HC-KAR

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The petitioner/injured claimant had filed

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application before the Tribunal for compensation of Rs.8,00,000/-. The Tribunal after considering the entire evidence on record, granted an amount of Rs.1,30,000/with interest at the rate of 8% per annum from the date of

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filing the petition till the date of realization. Being aggrieved by the said order, present appeal was preferred.

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It is mainly contended that though the claimant sustained fracture injuries, he was hospitalized for two days and he underwent surgery involving ORIF and POP cast was applied. He was later readmitted for two more days for removal of said implants.

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It is further submitted that the amount awarded

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under the head of pain and suffering is meager. The claimant incurred medical expenses exceeding Rs.1,00,000/- and produced 26 medical bills, marked as Ex.P.9. However, the Tribunal awarded only Rs.34,000/towards medical expenses. A meager amount was also granted under the heads of attendant charges and extra

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HC-KAR

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nourishment. The claimant states that he had spent more

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than Rs.20,000/for nourishment and additional Rs.30,000/- towards transportation and conveyance.

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He further contents that he was earning Rs.2,60,000/- per annum and had filed income tax returns. Despite this, the Tribunal erred in taking his monthly income as Rs.10,000/- per month and granted compensation towards loss of income for the period of two months.

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PW.2-doctor, assessed the permanent disability

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at 14.4%. However, the Tribunal awarded only Rs.30,000/- towards disability. It is submitted that there was a 20% of restriction in the movement of the ankle. A lesser amount of Rs.15,000/- was granted under the head of loss of amenities and no amount was awarded for removal of the implant or future medical expenses. Therefore, the claimant has sought for enhancement of compensation.

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HC-KAR

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As per Ex.P.5, the appellant sustained a fracture

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of the lateral mallelous of right ankle and underwent surgery and he was inpatient from 25.02.2013 to 28.02.2013. Later on, he underwent the surgery of ORIF and POP slab. Again he was re-admitted on 22.01.2014 for removal of the implant and discharged on the very next day. He has regularly taken physiotherapy treatment and follow-up treatment as advised. The petitioner examined PW.2 in support of his case.

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PW.2-doctor, further assessed the disability at 14.4% but he has stated that the fracture is united , he opined that there was a 20% restriction in ankle movement. However, the Tribunal did not consider any compensation towards the loss of future income and granted an amount of Rs.30,000/- towards disability. This Court finds it reasonable to enhance the compensation awarded under the head of pain and suffering to Rs.30,000/-. The amount awarded under medical expenses holds good.

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HC-KAR

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The compensation under the heads of attendant

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charges, nourishment and transportation is enhanced to Rs.30,000/-. The claimant did not produce any proof of income. Therefore, the Tribunal had rightly assessed his income at Rs.10,000/per month and awarded Rs.20,000/- towards loss of income during laid up period. Further, the amount granted under the head of loss of amenities is enhanced to Rs.25,000/-.

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Thus in all, components awarded by this court are as below,

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Compensation under	Amount in
different heads	(Rs.)
Pain and suffering	30,000/-
Medical expenses	34,000/-
Transportation,	30,000/-
conveyance and etc.,
Loss of income during	20,000/-
treatment period
Disability	30,000/-
Loss of amenities	25,000/-
Total	1,69,000/-

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HC-KAR

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Hence, the compensation is enhanced from

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Rs.1,30,000/- to Rs.1,69,000/- along with the interest

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at the rate of 6% p.a.

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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 28.02.2015 passed in MVC No.95/2014, by the Additional Motor Accident Claims Tribunal & Prl. Senior Civil Judge, Udupi, is modified.

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