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Judgment
Jyoti Mulimani, J
Sri.K.L.Sreenivas., learned counsel for the appellant and Sri.D.Vijay Kumar., learned counsel for respondent No.2 have appeared in person.
Notice to the respondents was ordered on 22.07.2016. A perusal of office note depicts that respondent No.1 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as party in person.
Though the appeal is listed today for admission, it is heard finally.
The claimant has preferred the captioned appeal seeking enhancement of the compensation.
Learned counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.
The point that would arise for consideration is whether the Claimant is entitled for enhanced compensation?
The Claimant's appeal is one for enhancement of compensation and modification of the judgment. The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question. Hence, this Court deems it appropriate to award Rs.60,000/- (Rupees Sixty Five Thousand only) towards disability as against Rs.50,000/-(Rupees Fifty Thousand only) awarded by the Tribunal.
The amount of Rs.65,000/- (Rupees Sixty Five Thousand only) towards Pain and Suffering; Rs.40,000/- (Rupees Forty Thousand only) towards loss of amenities in life; Rs.8,000/-(Rupees Eight Thousand only) towards Medical expenses awarded by the Tribunal remains intact.
It is noticed that the Tribunal has not awarded compensation towards Loss of income during laid up period and Food, nourishment and attendant charges. Therefore, this Court deems it appropriate to award Rs.25,000/- (Rupees Twenty Five Thousand only) towards Loss of income during laid up period and Rs.10,000/- (Rupees Ten Thousand only).
Accordingly, this Court re-determines the compensation as under:-
1.
Disability
50,000 + 10,000
Rs.60,000/-
2.
Pain and suffering
65,000
Rs.65,000/-
3.
Loss of amenities
Loss of amenities
Rs.40,000/-
4.
Medical expenses
8,000
Rs.8,000/-
5.
Loss of income during laid up period
25,000
Rs.25,000/-
6.
Food, nourishment, attendant charges
10,000
Rs.10,000/-
Total:
Rs.2,08,000/-
(Less) Compensation awarded by the Tribunal:
-Rs.1,63,000/-
Enhanced compensation awarded by this Court:
Rs.45,000/-
Having regard to the facts and circumstances of the case and the prevailing rate of interest during the relevant time, this Court deems it appropriate to award interest at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization.
Hence, the following:
ORDER
The Miscellaneous First appeal is allowed and the Judgment dated:14.08.2015 passed by the Court of Senior Civil Judge & MACT, Maddur in M.V.C No.834/2014 is modified to the extent stated hereinabove.
The claimant is entitled for the enhanced compensation of Rs.45,000/- (Rupees Forty Five Thousand only) with interest at the rate of 6% per annum from the date of the claim petition till the date of realization.
The second respondent - Insurance Company shall deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.
The Registry to draw the modified award accordingly.
Office is directed to transmit the original records to the concerned Tribunal forthwith.