VENKATESHA Vs. JAMEEL AHAMAD SHARIFF AND ORS.

JUDGEMENT

(1.) The claimant in MVC No.27/10 on the file of MACT, Arakalgud, has come up in this appeal seeking enhancement of compensation.

(2.) This appeal is filed with inordinate delay of 465 days. Hence, an application in I.A.1/12 is filed seeking condonation of the same. On going through the affidavit, it is seen that reason for delay is that the claimant who suffered grievous injuries in the accident, filed claim petition which was allowed by judgment and award dated 19.10.2010. The certified copy of the same was secured during March, 2011. It is stated that in the month of January 2011, claimant suffered Jaundice and he was under treatment with Ayurvedic doctor and as such, he was not in a position to move around for a period of four months as advised by the doctor. Subsequently, it is stated that in the month of July, 2011, he was suffering from Typhoid for which he took treatment in Arkalgud Govt.Hospital. As advised by the doctor, he was under bed rest for a period of 5 months. It is also stated that claimant being the resident of remote village in Arakalgud, was not aware of the provisions regarding filing of appeal within a particular period and in that view of the matter, delay has taken place.

(3.) On going through the entire affidavit, the reasons stated by the claimant is a lame excuse to get over the delay of 1 - 1/2 years. The entire contents of the affidavit would not inspire confidence in the mind of this Court to accept the same. However, before considering the application for delay, merits of the case is also looked into. On going through the same, it is seen that claimant has suffered in all 8 injuries and fracture of right humerus and he is said to have taken treatment in Hemavahi Hospital for a period of 10 days. Though he states that he has spent a sum of Rs.50,000/- towards medical expenses, there are duplication of medical bills. Hence, the Tribunal after going through the same, limited it to an extent of Rs.25,000/- and awarded the same towards medical expenses. The Tribunal awarded compensation of Rs.20,000/- towards pain and agony and Rs.93,600/- towards future earning capacity. In addition to that, the Tribunal has awarded Rs.15,000/- towards future medical expenses and Rs.10,000/- towards unhappy and shortening of life span. Thus, the claimant was awarded a sum of Rs.1,54,600/-, which is just and proper compensation for the injuries suffered by him in the accident.