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Judgment
The claimant who suffered injuries in a motor vehicle accident has filed this appeal against the impugned common judgment and. award dated 29-4-2006 in MVC 4831/2002 on the file of Motor Accident Claims Tribunal, Bangalore. The Tribunal has awarded compensation of Rs. 37,989/- with interest at 6% p.a. Not being satisfied with the quantum of compensation awarded by the Tribunal, this appeal is filed seeking enhancement.
The relevant facts leading to this appeal are as follows:-
On 19-10-2001 at 11.00 a.m. the appellant was riding his motor cycle bearing No. KA-34-H-4060 along with a pillion rider on NH-4 from Kolar to Bangalore. When they reached near Reddy Hotel at Kendatti Gate, the driver of lorry bearing No. KA-05-4659 came from opposite direction driving the lorry in a rash and negligent manner and dashed against the motor cycle. As a result, the appellant sustained the following injuries:-
Fracture of lateral end of clavicle;
Fracture base of corocoid process;
Dislocation of shoulder joint.
The appellant was shifted to Shaker Hospital at Bangalore and took treatment as an in-patient. Thereafter he filed a claim petition seeking compensation of Rs. 4,50,000/-. Considering the evidence of the claimant and the medical evidence, the Tribunal awarded compensation of Rs. 37,989/-. Not being satisfied with the quantum of compensation awarded, this appeal is filed seeking enhancement:
During the pendency of this appeal, the matter was referred to Lok Adalath for amicable settlement. On 19-1-2011 the matter was settled for Rs. 70,000/- inclusive of interest towards full and final settlement. The insurance company has agreed to deposit the amount within six weeks. A joint memo was also prepared to that effect. However, it is submitted that due to transfer of concerned officer who attended the Lok Adalath on 19-1-2011, the joint memo was not signed on behalf of insurance company. The incumbent officer also not signed the joint memo as he had not participated in the Lok Adalath. Therefore, the matter is referred back to the Court as per roster.
Counsel for the appellant submitted that the insurance company has agreed for Rs. 70,000/- towards full and final settlement before the Lok Adalat, therefore the same may be enhanced. Learned counsel for the insurance company fairly submitted that the agreed compensation may be awarded in full and final settlement.
The appeal is therefore allowed in part enhancing the compensation of Rs. 37,989/- awarded by the Tribunal to Rs. 70.000/- with interest at 6% p.a from the date of petition till realisation.
First respondent insurance company is directed to deposit the enhanced compensation with interest within three weeks from the date of receipt of copy of this judgment.
The amount in deposit shall be released to the appellant immediately.