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Judgment
Ravi Malimath
Aggrieved by the judgment and award in MVC No. 1091/2006 dated 29.11.2008 passed by the I Addl. Civil Judge (Sr Dvn.) and III Addl. MACT, Davanagere, the claimant has filed the present appeal for enhancement
2.. The case of the claimant is that on 11.07.2006, when he along with others were traveling to Davanagere from Bangalore, the vehicle being driven in a rash and negligent manner met with an accident near Budihal Gate, Nelamangale on N.H 4 Road. The said vehicle dashed against the Tractor and Trailer due to which one Sharanappa Angadi succumbed to his injuries and died and the other persons were injured. The claimant also suffered grievous injuries. As a result of which he filed claim petition before the tribunal seeking compensation. By the impugned judgment and award, a sum of Rs. 1,15,400/- has been awarded to him. Being dissatisfied, this appeal is filed seeking enhancement.
Learned counsel appearing for the appellant Sri. Uday Kumar contends that the amount of compensation is inadequate and requires to be enhanced, He submits that the tribunal has failed to consider the material evidence on record.
On the other hand, Sri V.S. Shettar, learned counsel appearing for respondent No. 2 insurance company supports the impugned judgment as just and reasonable and contends that It does not call for any interference.
The claimant has suffered one grievous injury namely a fracture of the Shaft of the left femur, He has also produced medical records vide Ex.P105 to P139. He has stated that ha was treated in Harsha Hospital, Nelamangala from 11.37.2006 to 15.07.2006. The Doctor who was examined as PW4 has stated that the claimant has suffered permanent physical disability to an extent of 32 to 35% in terms of Ex.P135. The claimant is having pain in the left leg and has difficulty in squatting. There is a shortening of left lower limb by 11/2 inches. Keeping all these factors in mind as well as the bills produced, the trial Court awarded the compensation as under:
1
Loss of earning capacity Rs. 36,000/- x 10 x 14/100
Rs. 50,400/-
2
Pain and agony
Rs. 30,000/-
3
Loss of amenity
Rs. 15,000/-
4
Medical expenses
Rs. 15,000/-
5
Misc. charges including Food and nourishment, attendant charges etc,
Rs. 5,000/-
Total
Rs. 1,15,400/-
Considering the evidence on record, it requires enhancement, The loss of earning capacity at Rs. 50,400/- has been properly granted by the tribunal and does not call for any interference. For the injury suffered, a sum of Rs. 30,000/-has been awarded and the same stands enhanced to a sum of Rs. 50,000/-. Towards loss of amenities, a sum of Rs. 15,000/- is awarded and the same is enhanced to Rs. 25,000/-
The hospital bills produced at Ex.P173 for about 27 days including the ward charges of Rs. 3,900/- runs totally contrary to the evidence of the claimant himself. It is stated that he was in Suchetanan Hospital only for four days. The evidence is contrary and cannot be accepted, The operation theatre charges is shown as Rs. 10,000/- and the charges of Dr-Harish Kumar is shown as Rs. 10,200/ and the Tribunal has awarded a sum of Rs. 15,000/- only towards medical expenses. In view of the bills produced, the same stands enhanced to Rs. 20,000/- Towards miscellaneous expenses including food and nourishment, a sum of Rs. 5,000/- is awarded by the Tribunal. In view of the nature of injuries suffered by the claimant, the same is enhanced by a further sum of Rs,5,000/-. In all, the claimant is entitled for enhancement of compensation by Rs. 40,000/- which shall carry interest at 6% from the date of claim petition till payment which shall be within eight weeks from the date of receipt of a copy of this order,