Judgment:
1. This is claimant's appeal seeking enhancement of compensation for the injuries suffered in a motor accident which has taken place on 26.6.2004 at about 4.00 p.m., on ring road. The fact that on ill-fated day the claimant was a passenger in an auto rickshaw bearing No.KA-02/A-7931, which lost control and dashed against foot path thereby causing injury to claimant and the claimant has taken treatment as inpatient in Devegowda hospital for a period of 15 days for the injuries suffered in the said accident is not in dispute. In a claim petition filed, on appreciation of the oral and documentary evidence and pleadings available on record the court below has awarded compensation to the claimant in a sum of Rs. 1,08,500/- with interest at 6% p.a., from the date of petition nil date of realization in the following manner:
1) pain and suffering Rs. 15,000/-
2) medical expenses, conveyance, attendant charges, nourishment Rs.50,000/-
3) loss of income during laid-up period Rs. 13,500/-
4) loss of future amenities Rs.30.000/-
Rs. 1,08,500/-
Being aggrieved by the same, the claimant is before this Court seeking enhancement of the same.
2. On going through the compensation awarded by the court below under all the heads appears to be just and reasonable except, for the compensation awarded under the head pain and suffering, which is required to be enhanced by another sum of Rs.lO.000/-. With this enhancement, the appeal filed by claimant is allowed in part. The claimant is entitled to additional compensation of Rs. 10,000/- with interest at 6% p.a., from the date of petition till date of realization. The contesting respondent insurance company, which has satisfied the award amount awarded by the court below, shall deposit the enhanced compensation with interest within eight weeks from today. On such deposit, the entire amount with interest shall be released in favour of claimant.