B.V. Nagarathna JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.09.2020 passed by the High Court of Karnataka at Bengaluru in M.F.A. No. 3183 of 2018 (MV), the original claimant has preferred the present appeal with the prayer to enhance the amount of compensation.
2. In a vehicular accident which occurred on 01.01.2013 the claimant sustained grievous brain injuries. He underwent brain surgery. Though he was discharged from the Hospital, he remained in coma even till the claim petition was filed. At the relevant time the claimant was working as a Process Supervisor in Deutsche Bank and earning Rs. 4,59,425/- per annum. That at the time of accident he was aged 29 years. That the claimant through his next friend i.e. his mother filed a claim petition before the Motor Accident Claims Tribunal. That the Learned Tribunal awarded Rs. 94,37,300/- on the different heads as under:
The learned Tribunal awarded interest at the rate of 9% per annum from the date of petition till realization.
2.1. Feeling aggrieved and dissatisfied with the judgment and award passed by the learned Tribunal awarding a total sum of Rs. 94,37,300/- towards the compensation with 9% interest both, the Insurance Company as well as the original claimant preferred appeals before the High Court. By the impugned common judgment and order, the High Court has party allowed the appeal preferred by the claimant and has enhanced the amount of compensation from 94,37,300/- to Rs. 1,24,94,333/- under different heads as under:
The High Court has however, reduced the interest from 9% per annum as awarded by the learned Tribunal to the interest at the rate of 6% per annum.
2.2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in not awarding full claim as prayed for, the original claimant has preferred the present appeal to enhance the amount of compensation.
3. Learned Counsel appearing on behalf of the claimant has vehemently submitted that in the facts and circumstances of the case the High Court has committed a grave error in awarding Rs. 2,00,000/- only under the head pain and suffering and Rs. 1,00,000/- only under the head of loss of future amenities and happiness.
3.1. It is vehemently submitted by learned Counsel appearing on behalf of the claimant that in the accident the claimant sustained grievous brain injuries. He was hospitalized from 01.01.2013 to 15.03.2013 in St. John's Hospital and from 16.03.2013 to 03.05.2013 in Brain & Spine Centre. He has undergone three major brain operations. It is submitted that thereafter all throughout he is in coma and is bedridden. It is submitted therefore that in the facts and circumstances of the case, the High Court has erred in awarding Rs. 2,00,000/- only under the head pain and suffering. Therefore, it is prayed to enhance the amount of compensation under the head pain and suffering suitably, considering the period of hospitalization, the grievous brain injuries sustained by the claimant and that he underwent multiple operations.
3.2. It is further submitted by learned Counsel appearing for the claimant that in the vehicular accident the claimant has suffered 100% disability and is completely bedridden. It is submitted that with this disability he will have to live a miserable life till his death. He will not be in a position to enjoy l........