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Judgment
This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 08.01.2025 passed in MVC No.58/2023 by I Additional District and Sessions Judge and MACT, Kolar.
Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2. Inspite of service of notice, respondent No.1 remained absent and unrepresented.
The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 05.01.2020 contending that the accident occurred due to rash and negligent driving of the driver of private bus bearing registration No.KA-05/E-0542. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Towards Pain and agony | 50,000/- |
| 02. | Towards Loss of amenities | 25,000/- |
| 03. | Towards Medical expenses and future medical expenses | 66,250/- |
| 04. | Towards Incidental charges | 25,000/- |
| 05. | Towards Loss of income during laid up period | 5,000/- |
| Total | 1,71,250/- | |
The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization. The Tribunal has held that cheque issued towards payment of claim has been dishonoured. Therefore, there is no insurance policy and held that respondent No.1 –owner of vehicle is liable to pay compensation. The claimant seeking enhancement of compensation has filed the present appeal.
Heard learned counsel for the appellant and learned counsel for respondent No.2 -insurer.
Learned counsel for appellant would contend that the claimant has sustained severe head injury, fracture of left occipital region and multiple injuries all over the body. The compensation awarded towards pain and suffering and loss of amenities are on lower side. The claimant was agriculturalist and considering the injuries sustained, he has to take rest for 03 months. The compensation awarded towards loss of income during laid up period is on lower side. With this, he prays to allow the appeal and enhancement of compensation.
Learned counsel for respondent No.2 –insurer would contend that the Tribunal has held that the insurer is not liable to pay the compensation and owner of the vehicle is liable to pay the compensation. The said finding of the Tribunal has not been challenged by the appellant.
Having heard learned counsels, the Court has perused impugned judgment and award.
The accident occurred on 05.01.2020 and as on the date of accident, the claimant was aged 43 years. The claimant has sustained severe head injury, fracture of left occipital region and multiple injuries all over the body. Considering the said injuries sustained, compensation awarded towards pain and suffering in a sum of Rs.50,000/- requires to be enhanced to Rs.75,000/- and loss of amenities in a sum of Rs.25,000/- requires to be enhanced to Rs.40,000/-. The claimant has been admitted in the hospital for 15 days. Considering the injury sustained by the claimant i.e., head injury and that his avocation is agriculture, he has to take rest at least for 03 months and therefore, he is entitled to loss of income during laid up period for 03 months in a sum of Rs.43,500/- (Rs.14,500/- x3) as against Rs.5,000/- as awarded by the Tribunal.
In view of the above, the claimant is entitled to compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Pain and Suffering | 75,000/- |
| 02. | Loss of amenities | 40,000/- |
| 03. | Medical expenses | 66,250/- |
| 04. | Incidental charges | 25,000/- |
| 05. | Loss of income during laid up period | 43,500/- |
| Total | 2,49,750/- | |
Considering the above aspects, the claimant is entitled to total compensation of Rs.2,49,750/- as against Rs.1,71,250/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.78,500/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.1 –owner of the vehicle is liable to pay the said enhanced compensation with interest.
In view of the above, the following:
ORDER
The appeal is allowed in part.
ii) The appellant -claimant is entitled to enhanced compensation of Rs.78,500/- with interest at the rate of 6% per annum from the date of petition till realization.
iii) Respondent No.1 –owner of the vehicle shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.
iv) The appellant –claimant is entitled to release of entire enhanced compensation.