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Judgment
This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 25.03.2024 passed in MVC No.4359/2021 by the XI Additional Small Causes Judge, Member, MACT-12, Bengaluru.
The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 11.09.2021 contending that the accident occurred due to rash and negligent driving of the driver of Eicher Motors Goods vehicle bearing Regn.No.AP-02-Y-9758. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Pain and suffering | 30,000/- |
| 02. | Medical expenses | 29,859/- |
| 03. | Food and nourishment | 3900/- |
| 04. | Attendant charges | 3,900/- |
| 05. | Loss of income during laid up period | 45,000/- |
| 06. | Conveyance charges | 5,000/- |
| 07. | Loss of income due to disability | 4,53,600/- |
| 08. | Future medical expenses | 20,000/- |
| Total | 5,91,259/- |
The Tribunal also awarded interest @ 6% p.a. 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 accident occurred on 11.09.2021 and as on the date of accident, the claimant was aged 44 years. Learned counsel for the appellant has not disputed the disability taken and compensation awarded towards loss of future income due to disability, loss of income during laid up period, medical expenses, food and nourishment and attendant and conveyance charges. Learned counsel for the appellant is seeking enhancement only under the heads of pain and suffering, future medical expenses and non-award of loss of amenities.
The claimant has sustained the following injuries:
Left proximal tibia
Left medial melleolus
Considering the said injuries, the compensation awarded towards pain and suffering by the Tribunal in a sum of Rs.30,000/- is enhanced to Rs.60,000/-. The Tribunal has not awarded loss of amenities. Considering the said injuries, the claimant is entitled to loss of amenities in a sum of Rs.40,000/-. Considering the evidence of Doctor, the claimant is entitled to future medical expenses of Rs.40,000/- as against Rs.20,000/-awarded by the Tribunal.
In view of the above, the claimant is entitled to enhanced compensation as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Pain and suffering | 30,000/- |
| 02. | Loss of amenities | 40,000/- |
| 03. | Future medical expenses | 20,000/- |
| Total | 90,000/- |
Considering the above aspects, the claimant is entitled to enhanced compensation of Rs.90,000/- with interest @ 6% p.a. from the date of petition till realization. Claimant is not entitled to interest for the delay period of 700 days in filing the appeal as per order dated 25.09.2026 passed on I.A.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.90,000/- with interest @ 6% p.a. from the date of petition till realization.
iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.
iv) Appellant/claimant is not entitled to interest for the delay period of 700 days in filing the appeal.
Appellant/claimant is entitled to release of entire enhanced compensation.Digitally Signed By: