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Judgment
This appeal by the claimant is directed against the Impugned judgment and award dated 27/05/2005 passed in MVC No. 102/98 on the file of the Civil Judge(Sr. Dn) and Member, Motor Accident Claims Tribunal, Sagar, (hereinafter referred to as Tribunal'' for short).
By its judgment and award, the Tribunal has awarded a sum of Rs. 1,16,000/- with interest at 6% p.a., from the date of petition till its realisation as against the claim made by the Appellant for a sum of Rs. 13,00,000/-, on account of the injuries sustained by her in the road traffic accident that occurred on 2.10.1997 at about 6.30 p.m., due to the rash and negligent driving by the driver of the Tempo Trax bearing Reg. No. KA. 15.M.616 near Shadambi cross on NH4 while returning from Mantralaya. Being dissatisfied with the quantum of compensation awarded by the Tribunal, Appellant has presented this appeal, seeking enhancement of compensation, on the ground that, the compensation awarded by the Tribunal towards pain and sufferings, loss of income during the period of treatment, loss of amenities, discomforts and unhappiness is inadequate and it is liable to be enhanced.
We have heard the learned Counsel appearing for Appellant and learned Counsel for second Respondent- Insurance Company.
Learned Counsel appearing for both the parties, after going through the original records available on file, taking into consideration, the age, occupation, nature of injuries sustained by the Appellant, the nature and duration of treatment taken by her and after due deliberation in the matter have submitted that, this appeal may be disposed of, awarding a sum of Rs. 75,000/- with interest at 6% p.a., from the date of petition till its realisation, in full and final settlement, in addition to the compensation awarded by the Tribunal.
The submission made by learned Counsel appearing for both the parties as stated supra is placed on record.
The instant appeal filed by the Appellant is disposed of, modifying the impugned judgment and award passed by the Tribunal, awarding a sum of Rs. 75,000/- with interest at 6% p.a., from the date of petition till its realisation, in full and final settlement, in addition to the compensation awarded by the Tribunal.
The second Respondent-Insurance Company is directed to deposit the enhanced compensation with interest within a period of four weeks from the date of receipt of a copy of this judgment and award.
Out of the enhanced compensation of Rs. 75.000/-, 50% with proportionate interest shall be invested in the fixed Deposit in any Nationalized or Scheduled Bank in the name of the Appellant for a period of five years and renewable for another five years with liberty to her to withdraw the interest accrued on it, periodically.
The remaining 50% with proportionate interest shall be released in favour of the Appellant, immediately, on deposit by the Insurer.
Draw the award, accordingly.