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Judgment
V. Suri Appa Rao
These two appeals arising out of the common judgment and award dated 22nd August 2006 passed in M.V.C, Nos. 407/2001 and 409/2001 on the file of the 1 Additional District Judge and Member, MACT-II, D.K., Mangalore seeking enhancement of compensation.
2: The relevant facts leading to filing of these appeal are as follows:
On 17 07.2000 the appellants were proceeding on a motorcycle bearing No. CNG-569 as rider and pillion rider of the motorcycle and at about 6.15 a.m. when they reached Shubhodaya Mahal of Padangady village, Belthangady Taluk, a Tipper Lorry bearing No. KA-19/C-9719 came from opposite side in a rash and nagligent manner and dashed against the said motorcycle As a result of which, the appellants sustained grievous injuries. Immediately, they were shifted to Belthangady Primary Health Centre and thereafter they were taken to City Hospital, Mangalore. They took treatment for several days and spent huge amount towards treatment Considering the nature of injuries and other factors, both the appellants have filed claim petition before the Tribunal in M.V.C. Nos. 407/2001 and 409/2001 seeking compensation u/s 166 of the M.V. Act.
The Tribunal after considering the oral and documentary evidence adduced by both parties awarded compensation of Rs. 5,63,670/- in M.V.C, No. 407/2001 and Rs. 4,90,000/- in M.V.C. No. 409/2001. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellants have filed these appeals.
So far as claim in M.F.A. No. 3411/2001 is concerned, the learned Counsel for the appellant submitted that by the date of the accident, the appellant/ injured has lost his academic year on account of the injuries sustained by him. The award passed by the Tribunal on various heads are on lower side. Therefore, the appellant is entitled for enhancement of compensation.
On the other hand, the learned Counsel for the respondents submitted that the Tribunal has awarded just and reasonable compensation considering the nature of injury, age and occupation of the injured and there are no good grounds to interfere with the award passed by the Tribunal. Therefore, the appellants are not entitled for enhancement of compensation.
6 As per the medical evidence produced by the appellants, the appellant sustained 40% disability to whole body. Considering the nature of injury and other aspects, the Tribunal has awarded total compensation of Rs. 5,65,670/- on different heads as follows:
Sl. No.
Particulars
Amount
Rs.
01
Permanent disability
1,36,170.00
02
Loss of marriage prospects
75,000,00
03
Medical expenses
1,30500,00
04
Loss of academic year
25,000,00
05
Pain and suffering
75,000,00
06
Loss of amenities
1,00,000.00
07
Attendant charges
6,000,00
08
Nourishment
8,000,00
09
Future Medical expenses
10,000,00
Total
5,65,670,00
Considering the nature of injuries and the percentage of disabilities sustained by the appellant and also in view of the fact that the injured warn a student, aged about 20 years at the time of accident, we feel that a compensation awarded by the Tribunal is just and reasonable under all heads except conveyance, attendant charges, We therefore, feel that it is just and reasonable to award a sum of Rs. 24,000/- as against Rs.. 14,000/- awarded by the Tribunal towards attendant and nourishment expenses. As the Tribunal has awarded just and reasonable under other different counts. There are no grounds to interfere with the award passed by the Tribunal.
therefore, the compensation of Rs. 5,65,670/-awarded by the Tribunal is enhanced to Rs. 5,75,670/-
There would be an enhancement of Rs. 10,000/- payable by respondent Nos. 1 and 2 with interest at 6% p.a. from the date of petition till the date of realisation. The respondents 1 and 2 are directed to deposit the enhanced compensation within three weeks from the date of receipt of copy of this judgment.
The appellant is entitled to withdraw the same on deposit of the enhanced compensation amount.
In so far as M.F.A. No. 3412/2001 is concerned, the Tribunal awarded & compensation of Rs. 4,90,000/-on different heads as follows:
SL.
No.
Particulars
Amount Rs.
01
Loss of Income
2,02,000.00
02
Loss of Marriage prospects
50,000.00
03
Medical Expenses
75,100.00
04
Pain and suffering
60,000.00
05
Loss of amenities
75,000.00
06
Attendance Charges
2,625.00
07
Nourishment and conveyance
3,500.00
08
Future medical expenses
10,000.00
09
Loss of medical expenses during treatment
12,000.00
Total
4,90,000.00
Considering the nature of injuries, age and occupation of the injured and other factors, the Tribunal has awarded just and reasonable compensation except attendant charges and nourishment. We therefore, there is no need to interfere with the award passed by the tribunal for enhancement.
So far as the attendant charges and nourishment is concerned, the Tribunal only awarded Rs. 6,125/-, we therefore feel that it is just and necessary to award another Rs. 10,000/- towards the above two heads.
Therefore, the compensation of Rs. 4,90,000/- is enhanced to Rs. 5,00,000/-. There would be enhancement of Rs. 10,000/- with interest at 6% p.a. from the date of petition till the date of realisation payable by the respondent Nos. 1 and 3.
The respondents 1 and 3 are directed to deposit the enhanced compensation within three weeks from the date of receipt of copy of this judgment.
The appellant is entitled to withdraw the same on deposit of the enhanced compensation amount.
With the above observations, these two appeals filed by the appellants are hereby disposed of.
Office to draw the award accordingly.