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Judgment
A.S. Pachhapure
Though the matter is posted for admission, with the consent of the counsel, it is taken up for final disposal. The appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained in a motor vehicle accident has filed this appeal, seeking enhancement.
The facts reveal that on 30.11.2005 at about 9.30 p.m., the appellant was riding a motorcycle bearing reg. No.KA 21-E-8059 from Dhamasthala to Gardadi along with a pillion rider and when they reached Bantara Bhavana, one motorcycle bearing reg. No.KA 19-E-3574 came from the hind side and dashed the motorcycle, on which the appellant was proceeding. Due to the impact, the appellant fell down and sustained grievous injury. He was treated in the Community Health Centre and other hospitals and claimed to have incurred lot of expenses and has suffered disability. In these circumstances, he has sought for compensation on all the heads.
The claim of the appellant was contested by the respondents before the Tribunal. The matter was clubbed with MVC No. 428/2006. During the enquiry, the appellant examined as P.W. 1, the claimant in the other case as P.W. 2 and the doctor as P.W. 3. In their evidence Exs.P1 to 48 were marked. The respondents have not adduced any evidence, but the insurance policy was marked as Ex.R1. The Tribunal after hearing the learned counsel for the parties and on appreciation of the material on record, granted compensation of Rs. 26,500-00 with interest at 6% p.a. from the date of the petition till its payment. Dissatisfied with the amount of compensation awarded by the Tribunal, the present appeal has been filed.
I have heard the learned counsel, for the parties.
The point that arises for my consideration is;
Whether the appellant is entitled to the enhanced compensation? If so, to what extent?
As could be seen from the injury certificate-Ex.P3, the appellant had suffered 2 grievous injuries and 5 simple injuries. But, anyhow, the Tribunal has granted Rs. 21,000-00 for pain and suffering and this appears to be on the lower side. Hence the appellant is entitled to an additional sum of Rs. 10,000-00 on this head. The Tribunal on the basis of the medical bills has granted just compensation. So far as the attendant charges are concerned, it has granted only Rs. 300-00. I think a sum of Rs. 700-00 is to be added to the compensation awarded on this head. Towards the loss of earning, the Tribunal has granted compensation of Rs. 300-00 only. Though the appellant was in-patient in the hospital for 2 days, to resume to the normal duty it requires at least 3 months. Taking into consideration this aspect and the fact that the appellant was goldsmith by profession, he is entitled to Rs. 12,000-00 less Rs. 300-00 paid as compensation, assessing his income at Rs. 4,000-00 p.m. for a period of 3 months. A sum of Rs. 1,700-00 is to be granted towards nutritious food as the amount of Rs. 300-00 awarded is on the lower side. In the circumstances, the appellant is entitled to an addition compensation of Rs. 24,100-00 with interest at 6% p.a. from the date of the petition till its payment. Hence, I answer the point in affirmative. In the result the appeal is allowed in part. In addition to the compensation awarded by the Tribunal, the appellant is entitled to a sum of Rs. 24,100-00 with interest at 6% p.a. from the date of the petition till its payment.