LAWS(KAR)-2012-9-17

MINOR PRUTHVI RAJ Vs. P L MANJUNATHA

Decided On September 12, 2012
MINOR PRUTHVI RAJ Appellant
V/S
P L MANJUNATHA Respondents

JUDGEMENT

(1.) THIS appeal by the appellant-claimant through his natural guardian-father is directed against the impugned judgment and award dated 14/09/2010 passed in MVC No. 245/2009 on the file of the Principal Senior Civil Judge & JMFC ­cum- Member, MACT-IV, Hospet, (hereinafter referred to as ' Tribunal' for short), for enhancement of compensation.

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.3,84,600/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant for a sum of Rs.30 lakhs on account of the injuries sustained by him in the road traffic accident.

(3.) AFTER hearing the learned counsel for the parties and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, we are of the considered view that, the occurrence of the accident and the resultant injuries sustained by the appellant are not in dispute. The Tribunal after assessing the oral and documentary evidence, taking into consideration the nature of injuries sustained, the nature and duration of the treatment taken by the appellant, has awarded just and Rs.1,64,600/- reasonable compensation of towards Rs.5,000/- medical expenses, towards conveyance, nourishing food and attendant charges and Rs.1,35,000/- towards loss of amenities in life, for disability and towards loss of earning power due to disability and therefore, interference by this Court is not called for. 7. However, the Tribunal has erred in not awarding reasonable compensation towards injury pain and suffering, towards future medical expenses and towards loss of marriage prospects and what has been awarded is on lower side and therefore, it needs to be enhanced. Admittedly, it is not in dispute that, in view of the injuries sustained by the appellant as referred above, he has taken treatment as inpatient for 08 days, undergone amputation of right leg below knee and thereafter, bed rest and follow up treatment, during the said period, he might have underwent pain and agony and on account of the amputation of his leg, he suffered permanent disability and the Doctor has assessed the disability 75% as per Disability Certificate Ex.P46 and the Tribunal has assessed the functional disability at 60% and we accept the same, which is permanent in nature and he has to suffer this disability through out his life and it would affect his marriage prospects. Further, due to amputation of right leg below knee, appellant has to replace the artificial limb periodically and for that, he may require reasonable amount and that has to be compensated reasonably. In view of the well settled law laid down by the Apex Court and this Court in hosts of judgment, we award a sum of Rs.1,50,000/- towards pain and sufferings against Rs.50,000/-, Rs.1,00,000/- towards loss of marriage prospects against Rs.50,000/- towards future medical Rs.10,000/-, and expenses, including periodical replacement of artificial leg against Rs.20,000/-. In all, the claimant is entitled for the total compensation of Rs.6,04,600/- instead of Rs.3,84,600/- awarded by the Tribunal and the break- up is as follows: '