Smt.Radhamma D/O. C.Papaiah. Vs. B.N.Venkaiesh S/O Narayanasetty. - Court Judgment

Excerpt:

[mr.justice subhash b.adi, j.] this miscellaneous first appeal is filed under section 173(1) of mv act against the judgment and award dated 24.11.2005 passed in mvc no. 14/2003 on the file of the civil judge (sr.dn.) and jmfc and addl. mact chickballapur. partly allowing the claim petition for compensation and seeking enhancement of compensation with 12% interest......is: whether the claimant is entitled for enhanced compensation? 4. ex.p2 is the wound certificate produced by the claimant, which shows that the claimant has sustained compound fracture of both bones middle 1/3rd lower, 1/3rd junction right leg and both the injuries are grievous in nature. no doubt, claimant has not led the evidence of doctor.ex.p3 is the discharge summary. it shows that the claimant was admitted on 29.11.2002 and she was discharged on 27.12.2002. it also shows that she was inpatient and she took treatment. no doubt, disability is not spoken to by the competent doctor; however, the compensation awarded by the tribunal does not appear to be reasonable. hence i find that it requires to be enhanced. accordingly, the compensation is enhanced towards pain and suffering by rs.1 0,000/- towards loss of amenities. rs.1 5.000/-; rs. 12,000/-towards loss of income during laid up period; rs. 10.000/-towards incidental charges- rs.3, 000/- additional towards medical expenditure and rs.20.000/- towards disability. in all, the claimant is entitled for rs.70.000/- over and above the compensation awarded by the tribunal with interest thereon.

Judgment:

1. This is claimant's appeal seeking enhancement of compensation in respect of judgment and award in M.V.C.No. 14/2003 dated 24.11.2005 on the file of M.A.C.T. Chickballapur.

2. Claimant suffered grievous injury in a road accident on 29.1 1.2002. She was proceeding on a scooter, when the scooter reached near Gundlagurki on Chickballapur-Dibbur road, a tempo bearing No.KA-1 1-2061 came in a rash and negligent manner and dashed against the said scooter, as a result of which, she fell down and sustained grievous injury. Towards medical treatment, she has spent Rs.30.000/- and alleged that, she was earning Rs.100/- per day. At the time of accident, she was 19 years old.

3. The" said claim petition was contested by the insurer; however, the Tribunal on the basis of the evidence held that the claimant is entitled for compensation of Rs.32.672/-. There is no appeal by the insurer. Hence, the only question that arises for consideration in this appeal is: Whether the claimant is entitled for enhanced compensation?

4. Ex.P2 is the wound certificate produced by the claimant, which shows that the claimant has sustained compound fracture of both bones middle 1/3rd lower, 1/3rd junction right leg and both the injuries are grievous in nature. No doubt, claimant has not led the evidence of Doctor.Ex.P3 is the discharge summary. It shows that the claimant was admitted on 29.11.2002 and she was discharged on 27.12.2002. It also shows that she was inpatient and she took treatment. No doubt, disability is not spoken to by the competent Doctor; however, the compensation awarded by the Tribunal does not appear to be reasonable. Hence I find that it requires to be enhanced. Accordingly, the compensation is enhanced towards pain and suffering by Rs.1 0,000/- towards loss of amenities. Rs.1 5.000/-; Rs. 12,000/-towards loss of income during laid up period; Rs. 10.000/-towards incidental charges- Rs.3, 000/- additional towards medical expenditure and Rs.20.000/- towards disability. In all, the claimant is entitled for Rs.70.000/- over and above the compensation awarded by the Tribunal with interest thereon.