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Judgment
N.K. Patil, J.—Admit.
This is claimant''s Appeal directed against the impugned judgment and award dated 1st of July 2006 passed in MVC No. 132/2001 on the file of Civil Judge (Sr. Division) & Motor Accident Claims Tribunal at Maddur, (hereinafter referred to as ''Tribunal'' for short) for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate.
By its judgment and award, the Tribunal has awarded a sum of Rs. 1,15,000/- with interest at 6% per annum from the date of petition till the date of payment as against the claim made by the appellant for a sum of Rs. 16,00,000/-, on account of the injuries sustained by him in the road traffic accident.
In brief, the facts of the case are:
The appellant claims that he was aged about 39 years at the time of accident and by profession he was a Police Constable drawing a salary of Rs. 6,500/- per month. He was hale and healthy prior to the accident. On account of the injuries sustained in the road traffic accident that occurred on 8.11.2000 at about 9.30 a.m., when he was on duty as Police Constable while going on Bangalore-Mysore road near KSRTC bus stand, due to rash and negligent driving by the driver of the lorry bearing registration No. MYT/6260, it went and dashed against him, on account of which he fell down and sustained injuries. He undergone treatment in General Hospital, Mandya, as in-patient, for one week. Thereafter, he was shifted to Vishvabharathi Hospital, Bangalore, where he took treatment for four months and the Doctor has assessed the disability at 45% towards right lower limb and 15% in respect of whole body. On account of the injuries sustained by the appellant in the accident, he has filed a claim petition u/s 166 of the Motor Vehicles Act claiming compensation as against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both the sides and after assessing oral and documentary evidence, has allowed the claim petition in part and awarded a sum of Rs. 1,15,000/- as compensation under different heads with interest at 6% per annum from the date of Petition till the date of payment. Being aggrieved by the said judgment and award, the appellant has presented this Appeal seeking enhancement of compensation, on the ground that the amount awarded by the Tribunal is inadequate.
We have heard the learned Counsel appearing for the appellant and the learned Counsel appearing for respondent No. 2/Insurance Company.
After careful perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, it emerges that the appellant was aged about 39 years at the time of accident, working as a Police Constable and drawing salary of Rs. 6,500/- per month. It is not in dispute that on account of the injuries sustained by him in the accident, he has undergone treatment for a period of more than 4 months as in-patient in two different Hospitals and has spent reasonable amount for treatment and other incidental expenses and the Doctor has assessed disability at 45% towards the right lower limb and 15% in respect of the whole body. On the advise of the Doctor, he would have taken bed rest for a period of more than six months. The Tribunal has failed to take into consideration the nature of injuries and duration of treatment undergone by the appellant, pain and agony suffered by the appellant in the course of treatment, dis-comfort and unhappiness to be suffered throughout his life. Therefore, having regard to the facts and circumstances of the case, stated above. We deem it fit to award a sum of Rs. 30,000/- towards pain and suffering as against Rs. 25,000/-, Rs. 50,000/- towards medical expenses including conveyance and nourishment expenses as against Rs. 45,000/-, Rs. 26,000/- towards loss of earning during the period of treatment as against Rs. 20,000/- and Rs. 40,000/- towards loss of amenities as against Rs. 25,000/-. In all, the appellant is entitled for compensation of Rs. 1,46,000/- as against Rs. 1,15,000/- awarded by the Tribunal. The appellant is entitled for enhanced compensation of Rs. 31,000/- with interest at 6% per annum from the date of Petition till the date of realisation.
Having regard to the facts and circumstances, as stated above, the Appeal filed by the appellant is allowed in part. The impugned judgment and award dated lst of July 2006 passed in MVC No. 132/2001 on the file of Civil Judge (Sr. Division) & MACT, at Maddur, is hereby modified, granting compensation of Rs. 1,46,000/- as against Re. 1,15,000/- awarded by the Tribunal. The enhanced compensation comes to Rs. 31,000/- with interest at 6% per annum from the date of Petition till realisation.
Respondent No. 2/Insurance Company is directed to deposit the enhanced compensation of Rs. 31,000/- with interest at 6% per annum within three weeks from the date of receipt of the copy of the judgment and award.
On such deposit by respondent No. 2/Insurance Company, the same shall be released in favour of the appellant immediately.
Office to draw the award, accordingly.