Girija vs Aadil Pasha & Anr.

This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 02.05.2025 passed in MVC No.852/2021 by the V Additional District Judge and Additional MACT, Hassan.

Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2/insurer.

The appellant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident occurred on 20.07.2021 contending that the accident occurred due to rash and negligent driving of the driver of Ashok Leyland goods vehicle bearing Regn.No.KA-13-C-8225. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:

The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer.

The accident occurred on 20.07.2021 and the claimant is aged 37 years as on the date of the accident. The occupation of the claimant is stated to be Proprietor of petty shop. The Tribunal considering the age of the claimant rightly applied multiplier ‘15’ and considering the year of the accident has rightly taken the notional income at Rs.15,000/- p.m.

The claimant has sustained the following injuries:

PW.2 – Doctor has stated that injuries 1 to 4 are grievous injuries and others are simple injuries. Considering the said injuries sustained by the claimant the compensation awarded towards pain and suffering in a sum of Rs.30,000/- is enhanced to Rs.1,00,000/- and loss of amenities in a sum of Rs.10,000/- is enhanced to Rs.70,000/-. Considering the injuries sustained, the claimant has to take rest atleast for six months and therefore, entitled to loss of income during laid up period in a sum of Rs.90,000/- (15,000 x 6 months) as against Rs.16,000/- awarded by the Tribunal. The Tribunal has rightly awarded medical expenses of Rs.1,17,144/-, future medical expenses of Rs.90,000/-, attendant charges of Rs.15,000/-, conveyance charges of Rs.10,000/-, nourishment charges of Rs.10,000/- and loss of life expectancy in a sum of Rs.20,000/-.

PW.2 is the Doctor who has examined the claimant and assessed her disability and stated that the claimant has sustained 12% disability to the lower limb and 20% to the spine. Considering the evidence of Doctor, the Tribunal has taken disability to the whole body at 10.33%. Considering the disability to the spine and the lower limb, the functional disability is to be taken into consideration and therefore, the functional disability is taken at 15%. In view of the above, the loss of future income due to disability is calculated as under: Rs.15,000 x 12 x 15 x 15% = Rs.4,05,000/-

In view of the above, the claimant is entitled to compensation under various heads as under:

Considering the above aspects, the claimant is entitled to total compensation of Rs.9,27,144/- as against Rs.5,97,144/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.3,30,000/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.

In view of the above, the following: