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Judgment
N. Ananda, J.—MFA Nos. 600/2010 to 603/2010 are filed by Insurance Company to set aside the impugned award as it relates to Insurance Company, inter alia contending that autorickshaw involved in accident was carrying six persons against permitted capacity of three persons. The autorickshaw was plying on road which is beyond permit limits.
MFA. No. 7627/2010 is filed by claimant in MVC No. 363/2007 for enhancement of compensation.
I have heard learned counsel for parties.
The learned counsel for Insurance Company, relying on the contents of wound certificates would submit that claimants have stated that they had suffered injuries after having fallen out from autorickshaw.
As per oral evidence adduced by claimants and documentary evidence relied upon by them, claimants in MVC Nos. 363/2007, 384/2007 and 470/2007 were travelling in autorickshaw and claimants in MVC Nos. 471/2007 and 120/2008 were standing by the side of road. It is established from oral evidence of claimants that autorickshaw dashed against pedestrians, who are claimants in MVC Nos. 471/2007 and 120/2008 and thereafter toppled. Thus, passengers and pedestrians suffered injuries. The entries in wound certificates relied upon by Insurance Company cannot be attributed to any of the claimants. There is no evidence on record to show that these claimants had made such statements before the Medical Officer. Therefore, stray entries in wound certificates, more particularly when source of information has not been established cannot override oral and documentary evidence relied upon by claimants. In the circumstances, first contention of Insurance Company that claimants had suffered injuries after having fallen out from autorickshaw cannot be accepted.
The Insurance Company has contended that autorickshaw was plying beyond permit limits. The Insurance Company has not produced any document to show that autorickshaw was plying on road beyond its permit limits. Therefore, second contention of Insurance Company cannot be accepted.
The claimant in MVC No. 363/2007 has sought for enhancement of compensation.
The contents of wound certificate marked as Ex. P. 8 do not indicate the name of hospital where claimant had been treated immediately after accident. The copy of wound certificate (Ex. P. 8) does not bear seal of hospital.
The claimant has relied on certificate issued by Dr. K.B. Raghavendra of Sri. Vinayaka Orthopaedic & Trauma Centre at Challakere. This Certificate was issued on 29.08.2008, obviously for the purpose of assessment of disability.
The copy of discharge summary issued by Basaveshwara Medical College Hospital & Research Centre at Chitradurga, would reveal that claimant was admitted to Hospital on 07.04.2007 and she was discharged from hospital on 19.04.2007. The doctor, who had treated claimant was not examined before Tribunal. The discharge summary shows that claimant had suffered fracture of right radius. The case sheet relating to treatment of claimant in Basaveshwara Medical College Hospital & Research Centre at Chitradurga has not been produced by claimant. The discharge summary as per Ex. P. 12 would reveal that claimant was admitted to Basaveshwara Medical College Hospital & Research Centre at Chitradurga for second time on 04.06.2007 and discharged from hospital on 08.06.2007. The doctor who had issued discharge summary has not been examined before Tribunal.
The Tribunal has accepted injuries shown in wound certificate (Ex. P. 8) and has awarded compensation of Rs. 1,09,240/- under following heads:-
The Tribunal has not awarded compensation towards "loss of amenities & enjoyment of life" and compensation towards "future medical expenses". Therefore, I award compensation of Rs. 20,000/- towards "loss of amenities & enjoyment of life" and compensation of Rs. 10,000/- towards "future medical expenses". Thus, claimant in MVC No. 3-63/2007 is entitled to total compensation of Rs. 1,39,2-10/-. In the result, I pass the following:-
ORDER
MFA Nos. 600/2010 to 603/2010 are dismissed. MFA No. 7627/2010 is accepted in part. The impugned award in MVC No. 363/2007 is modified, compensation of Rs. 1,09,240/- awarded by Tribunal is enhanced to Rs. 1,39,240/-. The rest of the impugned award in MVC No. 363/2007 as it relates to rate of interest, period of accrual of interest and ratio of payment and investment is confirmed. The interest for delayed period of 191 days in filing MFA No. 7627/2010 is disallowed. The amount deposited by Insurance Company shall be transferred to Tribunal.