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Judgment
K.L. Manjunath
This is claimant''s appeal for enhancement of compensation. The appellant who sustained fracture of both bones of left, leg and other injuries in a road traffic accident that occurred on 24-12-2005 at about 9.30 a.m. The rider of the motorcycle bearing registration No. KA-17/U-1673 dashed against the claimant. Hence, the claimant lodged in claim petition in MVC No. 802/2006 before the Motor Accidents Claims Tribunal (for short ''the Tribunal''), Bangalore seeking compensation of Rs. 5,00,000/-. The Tribunal awarded a sum of Rs. 62,710/- as compensation. Being not satisfied with the same, the present appeal is filed. Considering the fact that the vehicle is covered under the insurance, the liability has been fixed on the Insurance Company.
The insurance Company having satisfied the award has filed cross-objection contending that the rider of the motorcycle had only Learning License without any instructor who had valid Driving License. Therefore, these two matters are heard together.
At the first instance, the cross-objection filed by the Insurance Company has to be rejected because such a contention was not taken before the Tribunal In addition to that, the Insurance Company has already satisfied the award. In the appeal filed by the claimant for enhancement of compensation, the Insurance Company cannot be permitted to file cross-objections allowing in to contend that the liability saddled on it is contrary to the terms and conditions of the Policy. If really there was no liability on the Insurance Company, without satisfying the award, it should have filed an appeal independently. The cross-objector/Insurance Company has entered appearance on 5-2-2008 and the cross-objection is filed three years later i.e. on 18-4-2011. Therefore, the cross-objection has to be dismissed as not maintainable. According to us, it is only an afterthought and the same is filed in order to avoid payment of enhanced compensation, if any to be awarded by this Court, Accordingly, the cross-objection is dismissed.
So far as the compensation awarded by the Tribunal is concerned, considering the nature of fracture of fibula and tibia of left leg, the total number of days of hospitalization and also considering the evidence of P.W. 2 the Doctor who deposed before the Court with regard to the disability caused to the claimant, we are inclined to award further sum of Rs. 15.000./- towards injury, pain and sufferings. Similarly, we are also inclined to award a sum of Rs. 10,000/- towards future loss of amenities, as the compensation has not been awarded under the head disability. Accordingly, the appellant is entitled for enhanced compensation of Rs. 25,000/- with interest at 6% p.a. In the result, the appeal is allowed in part. The appellant is entitled for enhanced compensation of Rs. 25,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment. The entire enhanced compensation amount shall be released to the appellant.