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Judgment
B. Sreenivase Gowda
These appeals are by the insurer of the offending vehicle seeking reduction of compensation awarded by the Tribunal. Heard, the appeals are admitted and with the consent of the learned counsel appearing for the parties, they are taken up together and disposed of finally by this common judgment.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal,
The learned counsel for the appellant-insurance company submits the claimants in support of their contention that they have sustained grievous injuries in the road traffic accident and have spent some amount towards medical and incidental expenses and could not continue their avocation except producing wound certificate, they have not produced any other documents establishing the nature of injuries sustained by them and duration of treatment undergone. He submits that they have not even examined the doctor regarding disability and its impact on their future earnings. He opposes for remanding the matter to the Tribunal for reconsideration. He further submits that quantum of compensation awarded by the Tribunal in all these cases is on the higher side and therefore he prays for allowing the appeals by reducing the compensation.
The learned counsel for the claimants submits that the claimants are all residents of a Village in Kanakapura Taluk, Ramanagaram District and they have taken treatment in Government Hospital, Kanakapura and due to non availability of doctor, they could not summon the doctor along with the medical records and adduce evidence regarding nature of injuries sustained and disability suffered by them. Therefore, she prays for remanding the matter to the Tribunal for reconsideration with regard to quantum of compensation awarded by the Tribunal.
Considering the submissions of learned counsels appearing for the parties and facts the and circumstances of the case particularly with regard to quantum of compensation awarded under the heading pain and sufferings in all these cases, I deem it just and proper to remand the matter to the Tribunal for reconsideration in order to give an opportunity to the claimants to lead evidence with regard to nature of injuries sustained, duration of treatment, undergone and disability suffered by examining the doctor, without disturbing the findings of the Tribunal on negligence and liability holding that the claimants had sustained injuries in the road traffic accident occurred on 10.6.2006 due to rash and negligent driving of the offending lorry bearing registration No. KA-16-A-959 by its driver and the insurer of the offending vehicle is liable to pay compensation to the claimants. Hence, I pass the following order:-
a) The appeals are allowed.
b) The judgment and award of the Tribunal is set aside only in respect of quantum of compensation.
c) The matter is remanded to the Tribunal for reconsideration of its finding on quantum of compensation awarded.
d) The findings of the Tribunal holding that the claimants had sustained injuries in a road traffic accident occurred on 10.6.2006 due to rash and negligent driving of the offending lorry bearing registration No. KA-16-A-959 by its driver and the insurer of the offending vehicle is liable to pay compensation to the claimants are undisturbed.
e) The Tribunal shall reconsider the matter regarding quantum of compensation after providing opportunities to all the parties to lead additional evidence and to cross examine on the same. As the claimants and insurance company were represented before this Court through their counsels, they are directed to appear before the Tribunal on 20.4.2012 without awaiting for any further notice.
f) In view of confirming the finding of the Tribunal regarding occurrence of accident due to rash and negligent driving of the lorry by its driver, notice need not be issued to the driver of the owner of the offending vehicle.
g) The amount in deposit, if any, is ordered to be refunded to the appellant-insurance company forthwith
h) Registry is directed to return the records to the Tribunal immediately.
i) The Tribunal is directed to list the claim petitions before the Court on 20.4.2012.
j) No order as to costs.