MFA No.5156/2015 and MFA No.5157/2015 are filed

under Section-173(1) of the Motor Vehicles Act, 1988,

(hereinafter referred to as ‘MV Act’ for brevity) respectively

by the appellants-claimants challenging the judgment and

award dated 10.03.2015, passed in MVC No.515/2012 and

MVC No.517/2012, on the file of the Principal Senior Civil

Judge & MACT-III, Chitradurga, (hereinafter referred to as

‘the

Tribunal’

for

brevity)

seeking

enhancement

of

compensation.

Brief facts of the cases are as follows;

That on 18.06.2006, the appellants and others were

travelling in a car bearing Registration No.KA-16-M-2387

from Holalkere towards Chitradurga near Devapuradahatti

bridge, at that time the driver of the car drove in rash and

negligent manner without observing the traffic rules and

dashed against on coming bus bearing Registration No.KA-

16-B-6116, due to which accident was occurred, appellants

and others were sustained grievous injuries, immediately

appellants

were

admitted

to

Government

Hospital,

5

Chitradurga and further the appellants took treatment from

Manipal Hospital, Bangalore.

Heard arguments of the learned counsel for the

appellants and the learned counsel for respondent Nos.2 and

3– insurance companies and perused the materials on

record.

4.

The learned counsel appearing for the appellants-

claimants submitted that the quantum of compensation

awarded under various heads is on lesser side. Therefore,

seeks for enhancement of the compensation.

5.

On the other hand, the learned counsel appearing

for the second and third respondents – insurance companies

submit that the Tribunal is justified in passing the impugned

judgment

and

award

and

there

is

no

ground

for

enhancement. That the compensation amount as awarded by

the Tribunal is sufficient and adequate. Therefore, seeks for

dismissal of these appeals.

6

MFA No.5156/2015 (MVC No.517/2012)

6.

In the present case, Ex.P28 is a wound certificate

which shows that the appellant/claimant sustained the

following injuries.

Sl.

No.

Description of injuries

1 Lacerated wound to the left eyebrow

2 Lacerated wound to the chin

3 Contusion tenderness present over left little

finger

4 Contusion and tenderness over right wrist joint

7.

The Tribunal has awarded a global compensation

of Rs.50,000/- with interest at the rate of 6% p.a. from the

date of petition till the date of deposit.

8.

The aforesaid injuries did not have any fractures.

Two injuries are grievous in nature. The appellant/claimant

had not produced any medical bills/receipts to show what is

the amount spent towards the medical expenses and hospital

charges and also there is no evidence regarding disability

sustained by the appellant-claimant. Therefore, the Tribunal

has awarded a global compensation of Rs.50,000/- as stated

above. But, considering the facts that the appellant/claimant

have taken treatment in Manipal Hospital, Bengaluru as it is

7

observed in the judgment he has spent a considerable

amount towards treatment, travelling expenses etc., Further

more, among injuries, two injuries are grievous in nature.

Therefore, considering all these factors, it is just and proper

to enhance compensation of Rs.25,000/- marginally.

Therefore, a total Rs.75,000/- (Rs.50,000+Rs.25,000) is

awarded. Therefore, the appellant is entitled to an additional

compensation of Rs.25,000/- (Rs.75,000-Rs.50,000) along

with interest at 6% per annum from the date of filing of the

petition till deposit in addition to what has been awarded by

the Tribunal.

In MFA No.5157/2015 (MVC No.515/2012)

9.

In the present case, the Ex.P.28 is a wound

certificate which proves that the appellant-claimant had

sustained the following injuries.

Sl.No.

Description of injuries

Abrasion over the right ear

Lacerated wound to the right side of face

10.

The Tribunal has awarded a compensation of

Rs.45,000/- globally. The appellant-claimant was studying in

7th standard at the time of the accident. The medical bills

8

produced by the appellant shows that the he had spent

Rs.