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Judgment
This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 19.09.2024 passed in MVC No.1126/2018 by Additional District Judge and Additional MACT, Udupi.
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 No.2 -insurer.
The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 27.06.2018 contending that the accident occurred due to rash and negligent driving of the driver of motor cycle bearing registration No.KA-20/EP-2718. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:
| 1 | Loss of income during the period of treatment | Rs.1,81,435/- |
| 2 | Medical bill, conveyance, nutrition and attending charges | Rs.2,78,317/- |
| 3 | Pain and sufferings | Rs.20,000/- |
| 4 | Loss of amenities | Rs.15,000/- |
| Total | Rs.4,94,752/- |
The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.2 -insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.
Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer.
The claimant has sustained the following injuries:
Open right tibia and fibula fracture
ii) Abrasion upper end of right forearm
iii) abrasion over base of left great toe
iv) head injury with bilateral frontal lobe acute hemorrhagic contusions
acute subdural haemorrhage, pneumocephalus, right maxillary sinus fracture with hemosinus
vi) fracture of right occipital bone and left orbit
Considering the said injuries sustained by the claimant, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.20,000/- is enhanced to Rs.1,00,000/- and loss of amenities awarded in a sum of Rs.15,000/- is enhanced to Rs.70,000/-.
P.W.2 -doctor stated that the claimant has to undergo surgery for removal of the implant and for that he needs a sum of Rs.30,000/-. Considering the said evidence of the doctor, the claimant is entitled to future medical expenses of Rs.30,000/-.
In view of the above, the claimant is entitled to enhanced compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Towards Pain and Suffering | 80,000/- |
| 02. | Towards loss of amenities | 55,000/- |
| 03. | Towards Future Medical Expenses | 30,000/- |
| Total | 1,65,000/- | |
The claimant is not entitled to interest on future medical expenses of Rs.30,000/-. In view of the above, the claimant is entitled to enhanced compensation of Rs.1,65,000/- with interest at the rate of 6% per annum from the date of petition till realization. The appellant – claimant is not entitled to interest on delay period of 551 days in filing appeal as per order dated 29.10.2026 passed on IA No.1/2026. Respondent No.2 -insurer is 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.1,65,000/- with interest at the rate of 6% per annum from the date of petition till realization.
iii) The appellant -claimant is not entitled to interest on future medical expense of Rs.30,000/-.
iv) The appellant –claimant is not entitled to interest for the delay period of 551 days in filing the appeal.
Respondent No.2 -insurer shall deposit the said enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day.
vi) The appellant -claimant is entitled to release of entire enhanced compensation amount.