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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Though the matter is listed in the orders list, with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
Learned Counsel for the claimant submits that the claimant was running a clinic in a shed which was taken on lease basis and Ex. P14 usufructurary Mortgage Deed has been produced in this regard. Due to the accident the stair case, rolling shutter, aluminium partition, wall of the shed have been damaged and the articles such as T.V., stabilizer kept in the said shed have also been damaged. Hence, he got the same repaired and produced bills Ex. P5 to P12 in this regard. In spite of the same, the Tribunal has committed an error in awarding mere compensation of Rs. 12,000/-, therefore he prays for allowing the appeal by enhancing compensation.
Learned Counsel for the insurer submits the Tribunal after scrutinizing the bills given by the claimant the tribunal has rightly awarded just and reasonable compensation and there is no scope for enhancement.
There is no dispute regarding occurrence of accident due to rash and negligent driving of offending Tipper lorry bearing registration No. KA-22/7623 by its driver and liability of the insurer of the said vehicle to pay compensation, the only point arises for consideration is:
Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement?
The claimant in support of his contention that in the accident his dental clinic''s rolling shutter, aluminium partition, wall, T.V. and stabilizer have been damaged and he has got the same repaired has examined himself as PW 1 and has produced bills at Ex. P5 to P12. But he has neither examined the person who repaired the rolling shutter, aluminium partition, wall, T.V. and stabilizer nor owner of the shed.
Considering the above aspect of the matter justice would be met if a sum of Rs. 15,000/- is awarded in addition to what has been awarded by the Tribunal and it is awarded.
Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for additional compensation of Rs. 15,000/- with interest at 6% p.a. from the date of claim petition till the date of realization. The Insurance Company is directed to deposit the additional compensation amount with interest, within two months from the date of receipt of a copy of this judgment, and the same is ordered to be released in favour of the claimant.
No order as to costs.