Sri. C.N. Nagaraja Vs M/S. the National Insurance Company Limited

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2018 PASSED IN MVC NO.313/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, KOLAR, 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:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured claimant seeking higher compensation challenging the judgment and award dated 21.06.2018 passed in M.V.C.No.313/2015 by the I Additional Senior Civil Judge & A.C.J.M., Kolar (for short, ‘Tribunal’).

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Heard Sri R. Shashi Kumar learned counsel appearing for the appellant and Sri. O Mahesh, learned

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HC-KAR

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counsel appearing for respondent No.1 and perused the records.

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The injured appellant has filed this appeal

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seeking higher compensation on the ground that the award of compensation by the tribunal under the head of pain and suffering, loss of amenities and other heads are on the lower side. It is submitted that the appellant was inpatient for 11 days and considering the nature of injury suffered by him, he seeks to enhance the compensation.

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Per contra, learned counsel for the respondent

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No.1 supports the impugned judgment and award of the Tribunal and submits that the Tribunal considering the nature of injuries awarded just and proper compensation and there is no scope for enhancement.

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I have heard the arguments on both sides and perused the materials available on record.

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HC-KAR

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The records indicate that on 24.11.2014, the

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appellant met with a road accident and sustained fracture of mandible and he has undergone surgery. The Tribunal taking note of the fact that after the injury the appellant continued with his work, hence compensation on the head

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of loss of future income is not awarded. Taking note of the treatment provided to the claimant-appellant as per Ex.P9 discharge summary, Wound Certificate Ex.P5 and oral evidence of PW1, I am of the considered view that the compensation awarded by the tribunal is meager and requires to be enhanced appropriately. Hence, the same is reassessed as under:

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HEADS	AMOUNT (in Rs.)
Pain & suffering	50,000/-
Loss of amenities in life	40,000/-
Food, nourishment, transportation and attendant charges	25,000/-
Loss of income duringhospitalization	21,917/-
Medical Expenses	28,389/-
TOTAL	1,65,306

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HC-KAR

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Thus, the appellant-claimant shall be entitled to total compensation of Rs.1,65,306/- as against Rs.89,506/- awarded by the Tribunal.

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In the result, this Court proceeds to pass the

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following:

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ORDER

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i) Appeal is allowed in part .

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ii) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.1,65,306/- as against Rs.89,506/- awarded by the Tribunal.

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iii) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.

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iv) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

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NC: 2026:KHC:18344 MFA No. 1409 of 2019

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