AI Structured Summary
Not yet generated for this judgment
Judgment
Huluvadi G. Ramesh
This appeal is by the claimant seeking enhancement of compensation against the award passed by the Fast Track Court, Addl. MACT, Hassan, in MVC No. 1646/2010, on 23.08.2011. On 09.08.2010 at about 3.00 p.m., when the claimant was going from Didduganahalli village, channarayapatna road, on a motor cycle bearing registration No. KA-50-E-2564, at that time, a car bearing registration No. KA-19-M-4372 came from opposite direction in a negligent manner and dashed against the claimant due to which, the claimant fell down and sustained grievous injuries.
In the claim petition filed, the Tribunal after enquiry held that the accident was due to the negligence on the part of the driver of the car in question and awarded a total compensation of Rs. 1,11,000/-, with interest @ 6% from the date of petition till deposit., on the following heads:
1
Pain and sufferings
Rs. . 30,000/-
2
Loss of income during treatment
:
Rs. . 2,000/-
3
Attendant charges
Rs. . 2,000/-
4
Food and nourishment
Rs. . 5,000/-
5
Medical expenses
Rs. . 5,000/-
6
Loss of amenities
Rs. .15,000/-
7
Loss of income due to disability
Rs. .52,000/-
Being not satisfied with the same, the claimant is before this Court for enhancement.
Heard.
As per the wound certificate at Exhibit - P4, the claimant has sustained four injuries, two grievous injuries and two simple injuries, out of which, there is injury to the right side of the thigh and also bleeding injury over the right knee. The claimant is said to have sustained 15% of the disability to the whole body. Having regard to the nature of injuries sustained, the claimant could be awarded another Rs. 10,000/- towards ''loss of earning during period of treatment and rest'', another Rs. .15,000/-, towards Rs. conveyance and attendant charges'', towards ''loss of amenities'' another Rs. .15,000/-. Taking the income of the claimant on a little higher side, the claimant could be awarded another Rs. .25,000/- towards ''loss of future income due to disability''. Thus, the claimant would be entitled for a sum of Rs. .65,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit.
The respondent - insurer of the vehicle in question to deposit the amount in three months.
The appeal is allowed in part.
Sri. H.S. Lingaraju, learned counsel is permitted to file Vakalat for respondent No. 2