Smt Dhanavanthi Vs Mr Joseph Antony Moras

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.08.2018 PASSED IN MVC NO.349/2018 ON THE FILE OF THE MEMBER, MACT I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU D.K., 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 aggrieved by the judgment and award dated 06.08.2018 passed in MVC No.349 of 2018 by the I Additional Senior Civil Judge and

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HC-KAR

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Member, Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada, (for short, ‘Tribunal’).

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Sri Ashok Kumar Shetty K., learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in awarding meager compensation of Rs.22,000/-. It is submitted that the appellant has suffered lacerated wound and was inpatient in the hospital for a period of six days. It is submitted that the award of compensation on all other heads is meager. Hence, he seeks to reassess the same.

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Per contra , Sri M.U. Poonacha, learned counsel appearing for respondent No.2 and Smt.Padma S. Uttur, learned counsel appearing for respondent No.4 support the impugned judgment and award of the Tribunal and submit that there is no absolute disability suffered by the appellant. Hence, taking note of the evidence on record the Tribunal has awarded just compensation. Hence, they seek to dismiss the appeal.

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HC-KAR

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I have heard the arguments of the learned counsel for the appellant, the learned counsel for the respondents and meticulously perused the material

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available on record.

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The only point that would arise for

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consideration in this appeal is:

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" Whether the impugned judgment and award passed by the Tribunal calls for any interference?"

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It is not in dispute that the appellant met with a road traffic accident and sustained injury of lacerated wound on forehead and pain over the other parts of the body. There is no evidence on record to indicate that the appellant has sustained disability due to the road traffic accident. Taking note of the fact that the appellant was provided treatment at AJ Hospital, Mangaluru from 07.12.2017 to 18.12.2017, I am of the considered view that the compensation is required to be reassessed.

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HC-KAR

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Thus, the appellant would be entitled to modified

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compensation as under:

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HEADS	AMOUNT (in Rs.)
Pain & suffering	40,000/-
Medical expenses	1,100/-
Loss of income duringlaid up period	12,000/-
Loss of amenities	30,000/-
Food and nourishment, conveyance and attendant charges	10,000/-
Total	93,100/-

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Thus, the appellant-claimant shall be entitled to a

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total compensation of Rs.93,100/- as against

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Rs.22,000/- 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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HC-KAR

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ORDER

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a) The appeal is allowed in part .

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b) The impugned judgment and award dated 06.08.2018 passed by the Tribunal in M.V.C.No.349 of 2018 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.93,100/- as against Rs.22,000/- awarded by the Tribunal.

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c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation.

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d) The respondent No.2 shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment.

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