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Judgment
D V Shylendra Kumar
There is a delay of 5 days in preferring this appeal which is not opposed seriously by any of the respondents. Delay is condoned. Misc. Cvl. 155454/2010 is allowed. Appeal by the injured-claimant who had misfortune of getting her left foot amputated due to injuries she suffered in an accident that took place on 16.06.2006 at about 6.30 p.m. in a Tata-sumo bearing Reg. No. KA-28/M-4391 hit her from behind and caused the injuries, being dissatisfied by the quantification of compensation which was at a sum of Rs. 3;73,400/-.
The accident, resultant injury and the amputation are not in dispute.
Appeal by the claimant is for compensation under different heads. The Tribunal had quantified the compensation under different heads as under:
Appeal is admitted for examination.
Heard on merits both learned counsel Sri. GG. Chagashetti, learned counsel for the appellant and Sri. R.V. Nadagouda, learned counsel for the respondent- insurance company who submit that the main matter itself can be disposed of having regard to the small differences that persists between the parties.
Submission of Sri. G.G. Chagashetti, learned counsel for appellant is that the quantification under the head ''pain and suffering'' Rs. 30000/- is on the lower side and that should be raised to Rs. 1,50,000/-, for future ''medical expenses'' awarding Rs. 75,000/- is insufficient that should have been Rs. 2,00,000/-, towards ''loss of marriage prospects'' only a sum of Rs. 20,000/- is awarded, it should have been not less than Rs. 2,50,000/- and future earning capacity is also required to be suitably enhanced and even loss of amenities which is at Rs. 50,000/- requires to be enhanced to Rs. 1,00,000/-.
On the other hand Sri. R.V. Nadagouda, learned counsel for first respondent submits that quantification under all heads except under the head ''loss of marriage prospects'' is quite reasonable; that it is only under the head loss of marriage prospects'' amount can be fixed at sum of Rs. 1,00,000/- which amount is fixed under this head as per the Judgment of Karnataka High Court in Fakkirappa Vs. Yallawwa and Another, .
After looking into the matter and considering the submissions made at the Bar, I am of the opinion that the enhancement of Rs. 30,000/- under the head ''pain and agony'' is justified. Likewise, the enhancement of Rs. 25,000/- under the head future medical expenses'' is also justified. Insofar as ''loss of marriage prospects'' and as submitted by the both the learned counsel is enhanced to a sum of Rs. 80,000/-, towards future earning capacity a sum of Rs. 20,000/- is increased and towards loss of amenities another Rs. 10,000/- is enhanced.
In the result the amount of enhanced compensation which the appellant is entitled to is re-worked as under:
Under all other heads, the amount awarded by the Tribunal is retained as it is. In all, the appellant is entitled to total compensation of Rs. 5,43.400/-. The enhanced compensation amount of Rs. 1,65,000/- payable to the appellant shall carry interest at 6% p.a. from the date of the claim petition till payment. Appeal allowed to that above extent.