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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 18th February 2006 passed in M.V.C. No. 61/2003 on the file of the I Additional Civil Judge (Sr.Dvn.) and M.A.C.T., Mysore.
The Tribunal after appreciation of the oral and documentary evidence has awarded a sum of Rs. 1,54,500/- (wrongly shown as Rs. 1,55,200/-) with interest at 6% p.a. from the date of petition till the date of realisation on account of the injuries sustained by the appellant in the road traffic accident The appellant contending that the quantum of compensation awarded by the tribunal is insufficient and requires enhancement, has filed the present appeal.
The appellant/ claimant was aged about 19 years at the time of accident and he was a student prosecuting II Year P.U.C. and he was hale and healthy prior to the accident. He has contended that on 11.09.2002 at about 11.15 P.M. when he was travelling in a scooter bearing Regn. No. KA-09/E-8684 as a pillion rider and when they came near Sankalpa Apartment in Gokulam Main Road, another vehicle bearing Regn. No. KA-09/1827 came from the opposite side driven by its driver in a rash and negligent manner and dashed against the scooter, Due to the impact he fell down and sustained injuries. On account of the injuries sustained he undergone treatment for a period of 36 days in the Hospital as inpatient. He further contended that he had spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses. The Doctor has assessed the disability of 30% to the whole body and 25% to the memory power. Taking all these aspects into consideration, the appellant has filed claim petition u/s 166 of the Motor Vehicles Act claiming compensation against the respondents.
The said matter had come up before the Tribunal for consideration. The Tribunal after appreciation of the oral and documentary evidence available on record has allowed the same in part and awarded a sum of Rs. 1,54,200/- with interest at 6% p.a. from the data of petition till the date of realisation. The appellant not being satisfied with the quantum of compensation awarded by the Tribunal hue presented this appeal seeking enhancement of compensation.
We have heard the learned Counsel for the appellant and the learned Counsel for the 3rd respondent-insurance Company.
After careful (sic) of the impugned judgment and award passed by the Tribunal, it can be seen that the accident has occurred due to rash and negligent driving by the driver of the offending vehicle reoulting in the injuries sustained by the appellant in a road traffic accident. The appellant was aged about 19 years, prosecuting II Year P.U.C. and has undergone treatment for a period of 36 days in the Hospital. The Doctor has (sic) 40% permanent disability and 25% loss of memory. In the case on hand, the Tribunal after considering the oral and documentary evidence in respect of expenses incurred by the appellant during the treatment in the Hospital for which the appellant has produced medical bills, the Tribunal has rightly awarded a sum of Rs. 35,000/- towards medical expenses, Rs. 17,000/- towards. conveyance, nourishing food and attendant charges, Rs. 67,000/- towards loss of future earning and Rs. 15,000/- towards loss of amenities and the same does not call for Interference by this Court.
However, the Tribunal has not awarded reasonable compensation towards injury, pain and suffering and also towards loss of amenities, disability, discomfort and unhappiness. The appellant had undergone treatment for a period of 36 days in the Hospital. Due to the disabilities suffered the appellant who was studying in II Year P.U.C. Course might have lost the academic year and the Doctor has assessed 40% as permanent disability and 25% to the loss of memory, the Tribunal is not justified in awarding the compensation towards injury, pain and suffering and also conveyance, nourishing food and attendant charges, loss of amenities, disabilities, discomfort and unhappiness.
Having regard to the facts and circumstances of the case referred above, we aword a sum of Rs. 30,000/-toward a injury, pain and suffering as against Rs. 20,000/-awarded by the Tribunal In all the appellant-claimant is entitled to a total compensation of Rs. 1,64,500/- as against Rs. 1,54,500/-. There is an enhancement of compensation of Rs. 10,000/- with interest at 6% p.a. from the date of petition till the date of realisation.
Having regard to the facts and circumstances of the case referred to above, the appeal filed by the appellant is allowed in part and the impugned Judgment and award dated 18th February 2006 passed in M.V.C. No. 61/2003 is hereby modified by awarding a compensation of Rs. 10,000/- with interest at 6% p.a. from the date of petition till the date of realisation in addition to the award passed by the Tribunal. The 3rd respondent - Insurance Company is directed deposit the enhanced award amount with interest within a period of two weeks from the date of receipt of copy of this judgments.
On deposit of the award amount by the 3rd respondent the name shall he released in favour of the appellant-claimant immediately.
Office to draw the award accordingly.