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Judgment
Sl. No,Headings,Amount Rs.
1,Pain and agony,"60,000
2,"Medical expenses, conveyance, special diet, nourishment, and attendant charges''","1,00,000
3,Loss of income during treatment period,"60,000
4,"Future loss of income or future loss of earning capacity, compensation towards future loss of amenities in life","1,75,000
5,Future medical expenses,"25,000
,Total,"4,20,000
physical disability sustained by the claimant and the future mental agony that may be suffered by him, it would be just and appropriate to award a",,
sum of Rs.25,000/- towards ''loss of amenities''. The claimant-appellant has filed IA- 1/2016 and produced discharge summary issued by the",,
Malya Hospital, Bengaluru. On careful perusal of the same it is seen that a surgery was done on the claimant for ''arthroscopic PCL reconstruction",,
with hamstrings graft with end button under SA on 04.07.2015''. Though it is claimed that the claimant had spent nearly Rs.75,000/- for the said",,
surgery, this Court is of the considered view that it would be just and reasonable to award another sum of Rs.50,000/- towards medical charges.",,
However, the compensation awarded by the Tribunal under other heads is just and reasonable and does not call for interference and the same shall",,
remain un-changed. Thus, in all, the claimant is entitled to a total compensation of Rs.5,50,400/- (Rupees five lakhs fifty thousand four hundred",,
only) as against Rs.4,20,000/- awarded by the Tribunal. The enhanced compensation would comes to Rs.1,30,400/-.",,
Thus, it takes me to the findings recorded by the Tribunal, as regards 10% contributory negligence on the part of the injured-claimant. As",,
discussed by the Tribunal in paragraph-15 of its judgment, the accident occurred in the road having width of 14 feet wherein there was a deep",,
curve and the bus was moving towards down gradients and the injured-claimant was moving towards up gradient on his motorcycle. Even though,,
the claimant has admitted that he had seen the bus at the distance of 10 feet and even though he was riding the motorcycle at 25 kms speed, he",,
would have taken his motorcycle towards his left side to avoid the accident. Under such circumstances, the Tribunal was justified in apportioning",,
the contributory negligence of 10% on the rider of the motorcycle (injured-claimant). Accordingly, the appeal is allowed in part. In modification of",,
the impugned Judgment and award dated 03.05.2013, passed by the Presiding Officer, Fast Track Court and Motor Accident Claims Tribunal,",,
Kundapura, in M.V.C. No.1001/2011, the compensation payable to the claimant is enhanced from Rs.4,20,000/- to Rs. 5,50,400/- (Rupees five",,
lakhs fifty thousand four hundred only). The enhanced compensation comes to Rs.1,30,400/- (Rupees one lakh thirty thousand four hundred only).",,
If 10% is deducted from out of the enhanced compensation, on account of contributory negligence on the part of the claimant, the net enhanced",,
compensation would come to Rs.1,17,360/-. As, the claimant is not entitled to claim interest on Rs.50,000/- awarded in this appeal, towards",,
''medical allowance'', the insurer-respondent No.3 herein shall deposit the enhanced compensation of Rs.1,17,360/- before the concerned Tribunal",,
within three months from the date of receipt of a certified copy of this Judgment and on such deposit, the same shall be disbursed to the claimant,",,
on proper identification. However, interest at the rate of 6% per annum shall be applicable only in respect of Rs.67,360/-. There shall be no order",,
as to the costs. Office to draw the decree accordingly.,,