Case Note & Summary
The appellant, Ramesh Kharvi, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 30.06.2011 passed by the Presiding Officer, Fast Track Court, MACT, Kundapura, in MVC No.660/2010. The appellant was a passenger in an autorickshaw bearing registration No.KA-20-A-9727, owned by the second respondent, Mr. Rolwin Rebello, and driven by the first respondent, Rama Kharvi. On 06.06.2010 at about 1.00 p.m., over the ring road of Kharvikere, Kundapura Kasaba Village, Kundapura Taluk, the driver drove the vehicle negligently, causing the appellant to sustain injuries. The appellant claimed compensation for the injuries sustained. The Tribunal partly allowed the claim petition and awarded a compensation of Rs. 1,05,000/-. Not satisfied with the amount, the appellant preferred the present appeal seeking enhancement. The High Court, after considering the submissions and evidence, found that the compensation awarded was inadequate. The court enhanced the compensation to Rs. 1,50,000/- by adding Rs. 45,000/- to the awarded amount, taking into account the nature of injuries, medical expenses, pain and suffering, and loss of income during the period of treatment. The court directed the third respondent, The National Insurance Co. Ltd., to deposit the enhanced compensation amount with interest at 6% per annum from the date of petition till deposit, within four weeks from the date of the order.
Headnote
A) Motor Vehicles Act - Compensation for Injuries - Enhancement of Compensation - Section 173(1) of Motor Vehicles Act, 1988 - The claimant, a passenger in an autorickshaw, sustained injuries due to the negligent driving of the first respondent. The Tribunal awarded compensation of Rs. 1,05,000/-. The High Court enhanced the compensation to Rs. 1,50,000/- considering the nature of injuries, medical expenses, pain and suffering, and loss of income during treatment. Held that the compensation awarded by the Tribunal was inadequate and required enhancement (Paras 1-10).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the claimant is entitled to enhancement.
Final Decision
The appeal is allowed in part. The compensation awarded by the Tribunal is enhanced from Rs. 1,05,000 to Rs. 1,50,000. The third respondent, The National Insurance Co. Ltd., is directed to deposit the enhanced compensation amount of Rs. 45,000 with interest at 6% per annum from the date of petition till deposit, within four weeks from the date of the order.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for injuries
- Negligence
- Liability of insurer
