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Judgment
S. Sujatha, J.—This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Arkalgud, [the ''Tribunal'', for short] in MVC No. 20/2010.
Briefly stated the facts are:
That the appellant filed claim petition before the Tribunal seeking compensation for the injuries sustained in the motor vehicle accident on 20.8.2009 alleging actionable negligence on the driver of Truck bearing registration No. KA-13-C-666 duly insured with the insurer-2nd respondent herein. The insurer entered appearance and contested the matter. The Tribunal, after analysing the evidence on record, awarded the total compensation of Rs. 6,30,000 with interest at 6% per annum. Being dissatisfied, the appellant is before this Court.
Heard the learned Counsel for the parties and perused the material on
The claimant was studying in BE (Electronics and Communication), III Semester, aged about 18 years at the time of the accident. The nature of injuries sustained by the claimant are as under:
(i) fracture of metacarpal bones left handm radious and alna;
(ii) found tenderness multiple fracture and extension;
(iii) fracture of left clavicle bone;
(iv) fracture of pelvic bone.
The claimant had taken treatment as an inpatient for 15 days at Suguna hospital, Bangalore after having taken treatment at Rajeev Nursing Home, Hassan. It is an admitted fact that the claimant lost one year of academic career. She had undergone major surgery with skin grafting. The doctor who was examined as PW-5 had assessed the disability of whole body at 19%. The same has been reiterated by PW-6, another doctor. Both the doctors who were examined as PWs 5 and 6 have stated in their testimony that the claimant got affected for pelvic system, which may result in problem with regard to marital life, issues and delivery. Ex.P21 is the certificate issued by Suguna hospital. She has undergone correction of deformity and bone grafting. Ex.P22 is an inpatient bill showing in all a sum of Rs. 3,65,655. Considering these aspects, it would be just and reasonable to award a sum of Rs. 3,65,655 towards medical expenses; a sum of Rs. 20,000 towards, attendant, extra nourishment and conveyance charges.
It is evident from the record that the marital life, conceivement and delivery of child would be adversely affected due to the impact of the accidental injuries. Such being so, it would be just and reasonable to award a sum of Rs. 1,00,000 towards loss of marital prospects and other related prospects in life. It emerges that the claimant had lost one academic year in the prime period of academic career which would adversely affect the further progress in the academic career. Considering the same, this Court is of the considered opinion that a sum of Rs. 1,00,000 would be just and reasonable compensation towards loss of academic year in education (including fees paid to the college). In all other respects, the compensation awarded by the Tribunal remains undisturbed.
Thus, the compensation awarded by the Tribunal is modified as under :
Sl. No.
Particulars
Amount (in Rs.)
1.
Pain and sufferings
30,000
2.
Medical expenses
3,65,655
3.
Future medical expenses
25,000
4.
Nursing attendance and extra nourishment
20,000
5.
Future unhappiness and loss of amenities
50,000
6.
Loss of academic year in education (including fees paid)
1,00,000
7.
Shortening of life span on account of injury
25,000
8.
Loss of marriage prospects
1,00,000
Total :
7,15,655
Thus, the compensation awarded by the Tribunal is modified to Rs. 7,15,655 as against Rs. 6,30,000. The award amount shall carry interest at 6% per annum from the date of the petition till the realization.
In the result, the appeal stands disposed of in terms of the above. Registry is directed to transmit the LCR, forthwith.
In view of disposal of the appeal, all the pending IAs are consigned to file.