Ananda Vs Purushotham

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2019 PASSED IN MVC NO. 766/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, 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 MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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The present appeal has been filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking to challenge Judgment and Award dated 24.09.2019 in MVC No.766/2017 passed by the II Additional District & Sessions Judge & Additional MACT, Hassan [hereinafter referred to as the “Impugned Award”].

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By the Impugned Award, the appellant/ claimant has been awarded a compensation of Rs.1,27,000/- along with interest at the rate of 6% p.a. Both the respondents have been held to be jointly and severally liable to pay the

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compensation. The respondent No.2/Insurance Company was directed to deposit the compensation amount. The learned Tribunal has further held that the

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appellant/claimant is not entitled for interest on future medical expenses in a sum of

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Rs.10,000/-. The challenge in the present appeal has been made by the appellant/claimant seeking an enhancement of the amounts awarded.

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Briefly, the facts of the case are that the appellant/ claimant on 13.10.2016 at about 5.30 p.m. was proceeding on a motorcycle bearing registration No.KA.04. HM. 5218 as a pillion rider. At that time a Tata Sumo car bearing registration No.KA.20.B.8379 stated to be driven in a rash and negligent manner, hit the appellant’s motorcycle. As a result of the accident, the appellant fell down and sustained grievous injuries. The appellant was treated at Sanjeevani Hospital, Hassan as an inpatient for 20 days and has stated to have spent more than Rs.1,00,000/on his medical expenses. Thereafter

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appellant filed a claim petition before the Tribunal, impleading the owner of the offending vehicle and their insurance company.

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4. Both the respondents owner of the offending vehicle

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and the Insurance company appeared before the Tribunal, filed their respective statements of objections.

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Based on the pleadings of the parties, the following issues were framed:

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ISSUES

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1) Whether the petitioner proves that, he sustained grievous injury on 13.10.2016 at about 5.30 p.m., near R.S. Daba, Dudda – Tiptur Road, Dudda, driver drove the TATA Sumo bearing No. KA.20.B.8379 in rash and negligent manner and caused accident?

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2) Whether the petitioner is entitled for compensation as sought for?

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3) What order or award?

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The appellant examined himself as PW-1 and his doctor was examined as PW-2. The appellant exhibited documents Ex.P.1 to Ex.P.12 which included the FIR (Ex.P.1), Complaint (Ex.P.2), Police intimation (Ex.P.3),

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Spot and seizure mahazar (Ex.P.4), IMV Report (Ex.P.5) Wound Certificate (Ex.P.6), Charge Sheet (Ex.P.7), Prescriptions (Ex.P.8), Medical Bills (Ex.P.9), MLC Register Extract (Ex.P.10), Case Sheet (Ex.P.11), Police Intimation (Ex.P.12). The respondents also examined two witnesses RW-1 and RW-2 and marked documents Ex.R.1 to Ex.R.7.

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The learned Tribunal after examining the evidence between the parties gave a finding and awarded Rs.1,27,000/- in favour of the appellant/claimant in terms

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of the following compensation.

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Sl.	Particulars	Amount in
No.		Rs.
1.	Pain and suffering, mental and physical shock, hardship, inconvenience and discomforts etc.,	1,00,000.00
2.	Medical expenses	8,986.00
3.	Future Medical Expenses	10,000.00
4.	Conveyance charges	4,000.00
5.	Nourishment charges	4,000.00
	Total	1,26,986.00
	Rounded off	1,27,000.00

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During the course of hearing, this Court has prevailed

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upon the appellant as well as the insurance company to

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amicably resolve the dispute, since the matter is pending for considerable period. The parties today submit that they have amicably resolved their dispute. The respondent No.2/insurance company has agreed to pay additional amounts in the sum of Rs.1,64,146/- to the appellant, which is calculated in the following manner:

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(Rs.9,500 x 12 x 18 x 8/100) = Rs.1,64,160/-.Since the appellant is 17 years of age the multiplier of 18 is used while 8% physical disability. The notional income for year of the accident 2016 is Rs.9,500/-. The revised award also includes loss of amenities which was previously not awarded.

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Accordingly, the revised computation is below:

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Sl.	Particulars	Amount in
No.		Rs.
1.	Towards disability and future loss of income (Rs.9,500 x 12 x 18 x 8/100)	1,64,160.00
2.	Pain and suffering	40,000.00
3.	Loss of amenities	30,000.00
4.	Medical expenses	8,986.00
5.	Future medical expenses	10,000.00
6.	Conveyance charges	5,000.00
7.	Nourishment charges	5,000.00
8.	Loss of income during treatment	28,000.00

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Total	2,91,146.00
Less awarded by MACT	1,27,000.00
Enhancement	1,64,146.00

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In view of the consensus between the parties and on

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an examination of the amounts settled, the Court finds that the enhancement is in accordance with law.

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Hence, the appellant is entitled to enhanced compensation of Rs.1,64,146/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.

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Accordingly, the Court proceeds to pass the following directions:

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ORDER

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(i) The appeal is disposed of .

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(ii) The Impugned Judgment and Award dated 24.09.2019 in MVC No.766/2017 passed by the II Additional District & Sessions Judge and Additional MACT, Hassan is modified to the extent that the appellant is entitled to

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enhanced compensation of Rs.1,64,146/-

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along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to Rs.1,27,000/- that has been awarded by the Tribunal.

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(iii) The remaining portion of the Impugned Judgment and Award of the Tribunal remains undisturbed.

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(iv) The Insurance Company shall deposit the enhanced compensation with interest at 6% per annum within a period of six weeks from the date of receipt of the judgment.

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