Kum Ramyashree Vs Kempanna

JUDGMENT AND AWARD DATED 16.07.2015 PASSED IN MVC NO.340/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT-6, SHIVAMOGGA, 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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3 - NC: 2026:KHC:29072 MFA No. 4374 of 2016

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the common judgment and award dated 16.07.2015 passed in MVC Nos.340/2013 and 341/2013. MFA No.4374/2016 arises out of the award passed in MVC No.340/2013 by the Court of the Principal Senior Civil Judge and MACT-VI, Shivamogga, (hereinafter referred to as 'the Tribunal' for short) seeking enhancing the compensation.

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This appeal is filed by the appellant against the award of the Tribunal in MVC No.340/2013. The injured claimant, aged about 16 years, met with an accident on 29.12.2012 and filed a claim petition claiming compensation of Rs.8,00,000/-. The Tribunal, after considering the entire evidence on record awarded compensation of Rs.2,63,204/- with interest at the rate of 9% per annum from the date of the petition till realisation.

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Aggrieved by the said award, the appellant has preferred this appeal contending that she sustained

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4 - NC: 2026:KHC:29072 MFA No. 4374 of 2016

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HC-KAR

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multiple fractures and was admitted in the hospital as an inpatient for more than one and a half month and stated she continued treatment for about eight months. Though the Tribunal awarded substantial amounts under various heads, no compensation was granted towards loss of future prospects, disfiguration, disability and loss of income during the treatment period or future medical expenses. Therefore, requested for enhancement of compensation.

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Heard the learned counsel for the parties.

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Learned counsel for respondent No.3 submitted

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that the Tribunal has already awarded reasonable compensation having regard to the injury sustained by the claimant and therefore, it needs no interference.

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The appellant was studying in the first year PUC at the time of the accident and was aged 16 years. She sustained the following injuries as reflected in Ex.P.104wound certificate:

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5 - NC: 2026:KHC:29072 MFA No. 4374 of 2016

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HC-KAR

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i. Comminuted fracture of the shaft of the left femur;

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ii. Fracture of the nasal, ethmoidal and frontal bones;

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iii. Fracture of the left clavicle and;

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iv. Fracture of the upper right incisors.

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The claimant has produced discharge

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summaries marked as Ex.P-1 to P-103. She was treated as an inpatient for 15 days and continued treatment for about eight months thereafter. She could not attend college during the treatment period and consequently lost one academic year. The appellant has not examined the doctor, for reasons best known to her.

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Considering the nature of injuries, the Tribunal has already awarded Rs.1,00,000/- towards pain and suffering, Rs.1,00,000/towards loss of amenities, Rs.33,204/- towards medical expenses and Rs.30,000/towards attendant charges, conveyance, food and nourishment, etc,. The amounts awarded under the aforesaid heads are just and reasonable. However, as the

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6 - NC: 2026:KHC:29072 MFA No. 4374 of 2016

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HC-KAR

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claimant lost one academic year on account of the injuries sustained, this Court finds it appropriate to award an additional sum of Rs.50,000/- as global compensation towards loss of academic year.

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Though the learned counsel for the appellant claimed compensation towards loss of future marriage prospects, the claimant has not examined the doctor to establish any permanent disability. Therefore, she is not entitled for compensation under the said head.

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Thus, the compensation payable to the claimant is re-assessed as follows:

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Particulars	Amount in Rs.
Medical expenses	33,204.00
Pain and sufferings	1,00,000.00
Loss of amenities	1,00,000.00
Attendant charges,	30,000.00
conveyance, food and
nourishment etc.,
Loss of academic year	50.000.00
Total	3,13,202.00

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HC-KAR

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In all, the appellant/claimant is entitled to

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compensation of Rs.3,13,202/- as against Rs.2,63,204/awarded by the Tribunal. The enhanced compensation thus works out to Rs.50,000/-. To that extent, the award

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passed by the Tribunal stands modified.

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In the result, pass the following:

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ORDER

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i. The appeal is allowed in part. ii. The judgment and award dated 16.07.2015 passed in MVC No.340/2013,

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by the Court of the Principal Senior Civil Judge and MACT-VI, Shivamogga is hereby modified;

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iii. The appellant-claimant is entitled to enhanced compensation of Rs.50,000/with interest at the rate of 6% per annum from the date of petition till its realization.

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HC-KAR

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iv. The respondent/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, it is directed to deposit the enhanced compensation of Rs.50,000/- with interest at the rate of 6% per annum within one month from the release of such deposit.

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v. Upon such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it.

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vi. The appellant is not entitled for interest for 220 days delay period as per order in I.A.No.1/2016 dated 12.12.2023.

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Sd/(P SREE SUDHA) JUDGE

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TMP

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List No.: 1 Sl No.: 51

Kum Ramyashree v. Kempanna

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Kum Ramyashree v. Kempanna

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