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Judgment
N.K. Patil
Though this appeal is posted for Admission, with the consent of the learned counsel, the same is taken up for final disposal.
This appeal by the claimant is directed against the judgment and award dated 17th March 2008, passed in M.V.C.No.27/2006 by the Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Arsikere, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 35,000/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 90,000/-, is inadequate.
The appellant claims to be aged about 10 years and was studying and hale and healthy prior to the date of accident. That the occurrence of accident at about 4:30 P.M, on 09-01-2002, when the appellant was going on the left side of the road, near Geejihalli on Hassan-Arsikere Road, due to rash and negligent driving by the driver of Mahindra pick-up bearing No.KA-13/7011, is not in dispute. It is also not in dispute that the appellant has sustained four simple injuries and one grievous injury. Due to the said injuries sustained in the accident, he was shifted to Hospital, where he took treatment.
It is his further case that, on account of the accident his parents have spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, they have to be compensated reasonably.
The learned counsel for appellant contends that the compensation awarded by Tribunal is on the lower side and the impugned judgment and award is liable to be modified.
On account of the injuries sustained in the accident, the appellant, represented by his father and natural guardian, filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 90,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 17th March, 2008. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 35,000/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.
I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant and also Insurer.
After careful perusal of the impugned judgment and award passed by Tribunal, it can be seen that, the Tribunal, after assessing the oral and documentary evidence available on file, has rightly awarded total compensation of Rs. 35,000/- towards injuries sustained, medical expenses and also for the loss of income of the person who has attended the appellant during the period of treatment. Therefore, interference in the same is uncalled for.
However, it can be seen that the appellant being aged about only 10 years, has sustained four simple injuries and one grievous injury. Therefore, having regard to the nature of injuries sustained, age and also the fact that he is a student and must have also been absent for some days during treatment period, I deem it fit to award a global compensation of a sum of Rs. 10,000/- without interest, in addition to the compensation awarded by Tribunal.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellant is allowed in part. The impugned judgment and award dated 17th March 2008, passed in M.V.C.No.27/2006 by the Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Arsikere, is hereby modified, awarding compensation of a sum of Rs. 10,000/-, without interest, in addition to the compensation awarded by Tribunal.
The third respondent - Insurer is directed to deposit the enhanced compensation of Rs. 10,000/-, without interest, within three weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurer, the entire sum shall be released in favour of the appellant, immediately.
Office to draw award, accordingly.