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Judgment
N.K. Patil, J.—This appeal by the claimants is directed against the impugned common judgment and award dated 20th September 2005, passed in M.V.C. No. 1020/2002, by the VII Addl. Judge, Member, Motor Accident Claims Tribunal-3, Court of Small Causes, Metropolitan Area, Bangalore, (SCCH-3), (for short, Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 12,000/- awarded in their favour and Rs. 25,000/- towards damages caused to the vehicle, as against their claim for Rs. 4,00,480-40, is inadequate.
The occurrence of the accident and the resultant injuries sustained by Appellants are not in disputes. The amount of damages caused to the vehicle is also not in dispute. On account of the injuries sustained, the Appellants have undergone treatment in the Hospital and spent reasonable amount towards conveyance, nourishing food and attendant charges apart from medical expenses.
On account of the injuries sustained in the accident, the Appellants filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 4,00,480.40 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 20th September 2004. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a total sum of Rs. 37,000/- ( Rs. 12,000/- + Rs. 25,000/-) with interest at 6% per annum from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellants are in appeal before this Court, seeking enhancement of compensation.
We have heard learned Counsel for Appellants and learned Counsel for Insurance Company for considerable length of time.
Learned Counsel appearing for both the parties, after going through the original records available on file and taking into consideration the age, avocation, the year of accident, nature of injuries sustained, period of treatment undergone and other relevant aspects, fairly submitted that another sum of Rs. 10,000/- with interest at 6% from the date of petition till the date of realization may be awarded, in addition to the compensation of Rs. 37,000/-awarded by Tribunal, in full and final settlement of the claim of the parties.
Placing the said submission of the learned Counsel for the parties on record, the appeal filed by Appellants is allowed in part. The impugned common judgment and award dated 20th September 2005, passed in M.V.C. No. 1020/2002, by the VII Addl. Judge, Member, Motor Accident Claims Tribunal-3, Court of Small Causes, Metropolitan Area, Bangalore, (SCCH-3), is hereby modified, awarding a sum of Rs. 10,000/- in addition to the compensation of Rs. 37,000/- awarded by Tribunal, with interest at 6% per annum, from the date of petition till the date of realization, in full and final settlement of the claim of the parties.
The fourth Respondent - Insurance Company is directed to deposit another sum of Rs. 10.000/-, with interest thereon at 6% per annum, in addition to the compensation awarded by Tribunal, within four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance Company, the entire sum shall be released in favour of the first Appellant, immediately.
Office to draw award, accordingly.