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Judgment
V. Suri Appa Rao, J.—The appellant has filed this appeal seeking enhancement of compensation awarded by the Principal Civil Judge (Sr. Dn) and Additional MACT. Udupi in M.V.C. No. 367/2005, whereby the Tribunal has awarded the global compensation of Rs. 22,000/-, on account, of the injuries sustained by him in the motor vehicle accident.
The brief facts of the case are as follows:
On 29.12.2004. appellant was waiting at Korangrapady road on the left side on his Kinetic Honda bearing Reg.No.KA.20.8659 for crossing NH 17. at about 8.10 p.m., at that time an Ambassador Car bearing Reg.No.KA.31.2306 came from Padubidri side in a rash and negligent manner and dashed against his vehicle. On account of which he fell down and sustained injuries. Therefore, he took treatment in a hospital as inpatient. By the date of accident, he was aged 55 years and earning Rs. 5.000/- per month and after the accident he lost his earning capacity and he became disabled. Therefore, he filed a claim petition before the Tribunal seeking the compensation of Rs. 5,36,000/-.
The respondents resisted the claim of the appellant on the ground that, accident occurred due to his negligence and that the injuries suffered by the appellant are simple in nature.
Considering the oral and documentary evidence produced by both the parties, the Tribunal awarded a global compensation of Rs. 22,000/-.
Not being satisfied with the quantum of compensation awarded by the Tribunal, appellant has filed this appeal. seeking enhancement of compensation, on the ground that, the Tribunal has not awarded any compensation towards medical expenses incurred by him and also towards pain and sufferings, disability and other heads.
On the other hand, learned counsel for second respondent submitted that on account of the simple injuries received by the appellant in the accident, the Tribunal has rightly awarded the global compensation of Rs. 22,000/-. Therefore, there are no cogent grounds to interfere with the award passed by the Tribunal.
We have been taken through the impugned judgment and the medical evidence produced by the appellant. As per Ex.P4- wound certificate filed by the appellant, he has sustained two lacerated injuries over parietal prominence and over occipital. The medical evidence shows that he took treatment in hospital on two times and incurred an amount of Rs. 17,100/- for which he produced Ex.P5-58 medical bills and Ex.P6 Discharge summary. He also produced Ex.P8 24 prescriptions to show that he has purchased all the medicines as per the advice of the Medical Officer. Admittedly, the Tribunal has awarded the global compensation of Rs. 22,000/- only. The Tribunal has not awarded any compensation towards pain and sufferings and other heads. Considering the nature of injuries and period of treatment undergone by the appellant and other circumstances, we feel that it is just and reasonable to awarded the compensation of Rs. 10,000/- towards pain and sufferings and loss of amenities, in addition to the compensation of Rs. 22,000/- awarded by the Tribunal. There would be an enhancement of Rs. 10,000/- payable by the respondent Nos. 1 and 2 with interest at. 6% p.a., from the date of petition till the date of realization.
The second respondent Insurer is directed to deposit, the enhanced compensation of Rs. 10.000/- (Rupees Ten Thousand only) with interest at 6% p.a. from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment and award.
The appellant is entitled to withdraw the enhanced compensation, soon after deposit.
Accordingly, the appeal is allowed in part.