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Judgment
Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the Judgment and award dated 02.12.2011 in MVC No.3933/2010 passed by the XVIII Additional Judge, Court of Small Causes, Member, MACT-4, Bengaluru (hereinafter referred to as ''the Tribunal'' for short), has filed this appeal seeking for enhancement of compensation.
The minor child represented by her father filed the claim petition contending that on 30.10.2009 at about 2.15 p.m, while the minor child along with her mother was proceeding on Nagarabhavi main road, opposite to Canara bank, the driver of the car bearing No.KA-03-MD-0144 drove the same in a rash and negligent manner came with a high speed and dashed against the motor cycle of the mother of the claimant. Thereafter hit the claimant, due to which, she fell down and sustained grievous injuries all over the body. Immediately, she was taken to Maruthi Hospital, thereafter she was shifted to Hosmat Hospital and she has taken treatment therein for a period of 9 days. In the accident she has sustained fracture of type III A open fracture of shaft of right femur and undergone surgery, and also underwent wound debridement and external fixation has been made to the right femur. The claimant has spent huge money for the treatment. Hence sought for compensation of Rs.12 lakhs.
The Insurance company defended the case by filing written statement.
After trial, the Tribunal held that, due to rash and negligent act on the part of driver of the Car, the accident occurred and the claimant has sustained injuries. Hence she is entitled for compensation. With regard to the quantum of compensation is concerned, the claimant has spent a sum of Rs.98,278/- towards medical expenditure. The doctor who treated the claimant has assessed the disability to an extent of 9% to the whole body. The Tribunal awarded a sum of Rs.1 lakh towards medical expenditure, Rs.30,000/- towards pain and sufferings, Rs.15,000/- towards loss of amenities and happiness and Rs.50,000/- towards permanent disability. In all, the Tribunal has awarded compensation of Rs.1,95,000/- with interest of 6% per annum. Being not satisfied with the quantum of compensation, the above appeal has been filed.
I have carefully heard the arguments addressed by Sri. Chandra Mohan. J.G, advocate appearing for appellant and Sri. R. Gunashekar, advocate appearing for respondent No.1 and perused the Judgment and award and oral and documentary evidence.
In the road traffic accident occurred on 30.10.2009, the minor child sustained fracture of shaft of right femur and undergone surgery and also underwent wound debridement and external fixation has been made. The doctor who treated the claimant has assessed the disability to an extent of 9% to the whole body. The issue in this appeal is covered by the Judgment of Hon''ble Supreme Court reported in 2013 ACJ 2445 in the case of Mallikarjuna vs. Divisional Manager, National Insurance Company Ltd., wherein the Hon''ble Supreme Court has held in case of the injury to the minor, if the disability is less than 10%, a sum of Rs.1 lakh has to be awarded towards the disability. In the instant case, the Tribunal has awarded sum of Rs.50,000/- towards disability as against Rs.1 lakh as held by the Hon''ble Supreme Court. Hence the claimant is entitled for another sum of Rs.50,000/- towards permanent disability in addition to Rs.50,000/- awarded by the Tribunal. The compensation awarded under other heads is in accordance with law. Hence the claimant is entitled to enhanced compensation of Rs.50,000/- with 6% interest per annum.
Accordingly, I pass the following order: Appeal is allowed in part. The Judgment and award dated 02.12.2011 in MVC No.3933/2010 passed by XVIII Additional Judge, Court of Small Causes, Member, MACT- 4, Bengaluru is modified. The claimant is entitled for enhanced compensation of Rs.50,000/- awarded by Tribunal with 6% interest per annum.