AI Structured Summary
Not yet generated for this judgment
Judgment
S. Abdul Nazeer, J.—These two appeals are directed against the judgment and award in MVC No. 5094/2009 dated 27-04-2011 on the file of the Motor Vehicles Claims Tribunal, Bengaluru, whereby the Court below has awarded total compensation of Rs. 2,36,400/- in favour of the claimant/appellant in MFA No. 11607/2012 with interest at 6% per annum from the date of the petition till the date of deposit. The insurer of the vehicle has filed MFA No. 2937/2012 challenging the judgment and award on the ground that the compensation awarded is excessive. The other connected appeal MFA No. 11607/2012 has been filed by the claimant seeking enhancement of the compensation.
There is no dispute as to the occurrence of the accident and liability of the insurance company to pay the compensation.
I have heard the learned counsel for the parties.
The claimant had sustained grievous injuries in the accident. The Doctor, who had treated the claimant was examined as PW-2. In his evidence, he has assessed 41.54% of permanent disability to the left lower limb and 14% permanent disability to the whole body. The Court below has taken 12% permanent disability to the whole body and has taken the income of the claimant at Rs. 4,000/- per month. The accident occurred on 26-06-2009. The Court below has awarded a compensation in a sum of Rs. 50,000/- towards pain and suffering, Rs. 15,000/- towards medical expenses, Rs. 40,000/- towards loss of amenities and future happiness, Rs. 86,400/- towards loss of future earning, Rs. 12,000/- towards loss of earning during laid up period, Rs. 8,000/- towards conveyance, attendant, food & nourishment and Rs. 25,000/- towards future medical expenses. Having perused the entire evidence on record including the evidence of the claimant and the Doctor, I am of the view that the Court below has rightly determined the compensation payable to the claimant in a sum of Rs. 2,36,400/-. There is no merit in these appeals. They are accordingly dismissed. The amount in deposit in MFA No. 2937/2012 shall be transferred to the Tribunal forthwith. No costs.