JAYARAMU Vs. C.V. PRASHANTH AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 12th July 2013 passed in M.V.C. No. 1284/2012 on the file of the III Additional District Judge and Motor Accident Claims Tribunal, Mysore, (hereinafter referred to as 'Tribunal' for short) seeking enhancement of compensation.

(2.) THE Tribunal by its impugned judgment and award, has awarded a sum of Rs. 1,68,000/ - with interest at 6% p.a., from the date of petition till its realization under different heads on account of the grievous injuries sustained by the appellant in the road traffic accident. The claimant has presented this appeal on the ground that the quantum of compensation and the rate of interest awarded by the Tribunal is inadequate and requires enhancement.

(3.) THE learned Counsel appearing for the appellant Sri. R.D. Renukaradhya appearing for M/s. P. Nataraju Associates, has fairly submitted and contended that the Tribunal has erred in not awarding reasonable compensation towards injury, pain and suffering and what is awarded is on the lower side and the same requires for enhancement. To substantiate his contentions, he has taken us through the evidence of PW -3 - Dr. Shree Harsha and in turn he opined that has suffered injury - right tibia fracture, nasal bone fracture and other multiple facial lacerations. On account of which, he undergone treatment and the Doctor has advised bed rest and follow up treatment. These aspects of the matter have not been looked into nor appreciated by the Tribunal while awarding compensation. Further, he submitted that the Tribunal has erred in awarding interest at the rate of only 6% p.a. as the accident has occurred in the year 2012. Following the judgments of Apex Court and this Court, in host of judgments, the rate of interest may be awarded at 9% p.a. to 10% p.a. from the date of petition till realization. Therefore, he submits that the impugned Judgment and Award passed by the Tribunal is liable to be modified by awarding reasonable compensation and higher rate of interest.