AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 04.03.2025 passed in MVC No.145/2022 by the Senior Civil Judge and MACT-VIII, Harihar.
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 Nos.3 and 4.
The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 29.08.2021 contending that the accident occurred due to rash and negligent driving of the driver of KSRTC bus bearing registration No.KA-17/F-1566. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded global compensation of Rs.80,000/- with interest at the rate of 6% per annum from the date of petition till realization and directed respondent Nos.3 and 4 to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.
Heard learned counsel for appellant and learned counsel for respondent Nos.3 and 4.
The accident occurred on 29.08.2021 and as on the date of accident the claimant was aged 24 years and doing tailoring work. As per Ex.P5 wound certificate the claimant has sustained head injury and she was admitted in the hospital from 29.08.2021 till 05.09.2021 for a period of 07 days. The claimant has spent medical expenses of Rs.46,609/- as per Ex.P10 and P11.
In view of the above, the claimant is entitled to compensation under following heads:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Towards Pain and Suffering | 40,000/- |
| 02. | Towards Medical Expenses | 46,609/- |
| 03. | Towards attendant, conveyance charges, food and nourishment etc., | 7,000/- |
| 04 | Toward loss of income during laid up period | 15,000/- |
| 05. | Loss of amenities | 30,000/- |
| Total | 1,38,609/- | |
The claimant is entitled to total compensation of Rs.1,38,609/- as against Rs.80,000/- as awarded by the Tribunal with interest. Consequently the claimant is entitled to enhanced compensation of Rs.58,609/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent Nos.3 and 4 are 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.58,609/- with interest at the rate of 6% per annum from the date of petition till realization.
iii) Respondent Nos.3 and 4 shall deposit the said enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day.
iv) The entire enhanced compensation amount shall be released to the claimant.