Mr. Eregowda Vs Mr.M.G. Muthappa

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.08.2023 PASSED IN MVC No.1060/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking

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enhancement of compensation awarded in the judgment and award dated 03.08.2023 passed in MVC No. 1060/2018 by the Principal Senior Civil Judge and JMFC, Hunsur.

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HC-KAR

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Appellant - claimant made a claim petition seeking award of compensation for the injuries sustained by him in a road traffic accident that occurred on 31.03.2018 contending that the accident occurred due to the rash and negligent driving by the driver of the Renault Duster car bearing registration No. KA-04-MN-2080. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded global compensation of Rs.85,000/- with interest at the rate of 6% p.a. from the date of petition till the date of deposit and held that respondent Nos. 1 and 2 are liable to pay the said compensation with interest. Claimant is seeking enhancement of the said compensation in the present appeal.

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Heard learned counsel for appellant and learned counsel for respondent No.2 - insurer.

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Learned counsel for appellant would contend

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that the claimant had sustained 10 injuries as per Ex.P.6 – wound certificate, had been admitted in the hospital for

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HC-KAR

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seven days and out of 10 injuries 1 injury was grievous injury and had spent Rs.62,726/- towards medical expenses. Considering the said aspects the compensation awarded globally is on lower side. With this he seeks for enhancement of compensation.

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Learned counsel for respondent No. 2 – insurer would contend that considering all aspects the Tribunal has rightly awarded global compensation of Rs.85,000/and there are no grounds for enhancement.

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Having heard learned counsel for the parties,

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this Court has perused the impugned judgment, award and trial Court records.

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On perusal of Ex.P.6 – wound certificate it is

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seen that appellant had sustained the following injuries:

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a) Abrasion over the right parietal region measuring 3 cm x 2 cm.

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b) Healed abrasion over the right vertex (top of the head) measuring 1 cm x 1 cm.

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c) Healed abrasion over the right cheek.

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HC-KAR

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d) Fracture of a middle incisor tooth.

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e) Laceration over the inner side of lower lip measuring 2 cm x 1 cm.

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f) Multiple healed abrasions over the right elbow joint posterior aspect.

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g) Healed abrasion over the lumbar region measuring 10

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cm x 5 cm.

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h) Contusion on the right gluteal region extending to the middle of the thigh, measuring 20 cm x 10 cm.

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i) Multiple healed abrasions over the right knee joint anterior aspect measuring 10 cm x 10 cm.

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j) Healed abrasion over the left knee joint anterior aspect measuring 5 cm x 5 cm.

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Out of the above said injuries, injury No. 4 is grievous injury. Considering the above injuries sustained, claimant is entitled to compensation under the head `pain and suffering’ in a sum of Rs.50,000/-.

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HC-KAR

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Claimant had been admitted in the hospital for

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seven days and therefore, he is entitled to `attendant and conveyance charges’ in a sum of Rs.7,000/- (1000 X 7).

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Medical bills produced indicate that the claimant

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had incurred expenses of Rs.62,726/-. Therefore, he is entitled for the said medical expenses.

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Considering the injuries sustained, the claimant

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had to take rest for at-least one month. As accident occurred in the year 2018, notional income is taken at Rs.12,500/-. Therefore, claimant is awarded `loss of income during laid up period’ in a sum of Rs.12,500/-.

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Considering the injuries sustained, the claimant

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is entitled to `loss of amenities’ in a sum of Rs.25,000/-.

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In view of the above, claimant is entitled to

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enhanced compensation under different heads as under:

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Loss of amenities	Rs.25,000.00
Pain and suffering	Rs.50,000.00
Attendant charges	Rs.7,000.00
Medical expenses	Rs.62726.00

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HC-KAR

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Loss income during laid up period	Rs.12,500.00
TOTAL	Rs.1,57,226.00

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Claimant is entitled to enhanced compensation

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of Rs.72,226/- (1,57,226 – 85,000) with interest at the

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rate of 6% p.a. from the date of petition till the date of realization.

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In view of the above, the following

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O R D E R

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i) Claimant is entitled to enhanced compensation of Rs.72,226/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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ii) Respondent No. 2 – insurer is liable to pay the enhanced compensation with interest.

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iii) Respondent No. 2 shall deposit the said compensation with interest before the Tribunal within a period of six weeks from this day failing which the claimant will be entitled to interest at

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