The court determined that enhanced compensation is warranted to reflect the severity of injuries and loss of earning capacity, guiding the reassessment of damages according to established legal principles.

JUDGMENT :

RAMACHANDRA D. HUDDAR, J.

The petitioner/appellant has preferred this appeal being aggrieved and dissatisfied by the judgment and award dated 08.07.2019 in MVC.No.419/2018 passed by the learned Prl. Senior Civil Judge and Additional MACT-III, Chitradurga.

2. The learned Tribunal passed the common judgment dated 08.07.2019 in MVC.No.419/2018 and MVC.No.420/2018. Both the petitioners/appellants in both petitions preferred separate independent appeals. It is submitted that the claimant in MVC.No.420/2018 had preferred MFA.No.3792/2021 before this Court and the said appeal was disposed of vide judgment dated 31.08.2023 by enhancing the compensation of Rs.55,000/-. Now, the claimant in MVC.No.419/2018 is before this Court seeking enhancement of compensation by preferring this appeal. So far as question of rash and negligent driving of the Eicher vehicle and causing the accident is concerned, the said finding of the Tribunal has attained finality. Respondent No.2-Insurance Company or the owner of the Eicher vehicle have not preferred any appeal.

3. It was the case of the petitioner/appellant before the Tribunal, that on 17.07.2017 at about 11:30 a.m., both petitioners in the aforesaid claim petitions were travelling in a car bearing Reg.No.KA-16-M-4312 for their own work to Bangalore. When the car came on NH-4 road near Kuruvanahally U-Turn, at that time, the driver of the Eicher Canter bearing Reg.No.KA-01-AF-0539 by driving the same from Bangalore side in high speed, in negligent manner without giving any signal, suddenly turned to his right side in the U-turn and dashed to the front portion of the petitioners'/appellants' car, resulting the front portion of the said car was completely damaged and the petitioner sustained grievous injuries and fractures. Immediately, both petitioners' were shifted to hospital and took treatment as inpatient. Due to the accident and injury, the petitioner/appellant has spent money towards medical and other expenses. Further it is stated that in MVC.No.419/2018, prior to the date of accident, the petitioner/appellant was hale and healthy and doing business and earning Rs.20,000/- per month. The petitioner/appellant is unable to do any kind of work and lost her working capacity. Due to the said accident, she became permanently disabled woman. Considering the evidence on record, the learned Tribunal has awarded the compensation as under:

4. It is argued by the learned counsel for the petitioner/appellant that, in the said accident, the petitioner/appellant has suffered the following injuries:

1. Lacerated wound over right thigh 2X1 cms.

2. Lacerated wound over fore head 2X2 cms.

3. Ecymisis of left eye.

4. Tenderness and swelling over left wrist.

5. Tenderness over right hip.

6. Tenderness over right thigh.

5. As per the opinion of the doctor, injuries No.1 to 3 are simple in nature and injuries No.4 to 6 are grevious in nature. It is brought on record that, she was admitted to Basaveshwara Medical College Hospital and Research Centre, Chitradurga and took treatment as outpatient also. To that effect, she has produced discharge summary for having taken treatment as inpatient. Even she has also taken treatment in KIMS Hospital, Bengaluru from 17.07.2017 to 03.08.2017 and she was diagnosed as inter trochantric fracture of right femur, compound Type-II fracture shaft of (R) femur and fracture distal end of (L) radius, for which they have done CRIF with recon nail t