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Judgment
Huluvadi G. Ramesh, J.—This appeal is by the claimant for enhancement of compensation against the award passed by the Presiding Officer, Fast Track Court-II, M.A.C.T., Shimoga in M.V.C. No. 103/2008 dated 21.6.2011.
On 4.12.2007 at about 4.30 p.m., when the claimant was returning from school on the bicycle to her house along with her younger sister and when she was proceeding near Hosahalli on Shimoga-Thirthahalli road, Shimoga Taluk, the 2nd respondent who being the driver of the Tractor bearing Registration No. KA-14/T-8595 drove the same in a rash and negligent manner in with high speed in a reverse direction and dashed against the bicycle. Due to the impact, the claimant and her sister sustained injuries and the bicycle was also damaged. Thereafter, the claimant was taken to Mc Gann Hospital, Shimoga where she took the treatment as an inpatient for a period of 10 days and the parents of the claimants having spent Rs. 25,000/-towards the medical expenses, filed the claim petition contending that the accident has occurred due to negligent driving of the driver of the tractor. Matter was contested by the insurer. Based on the same, the Tribunal framed four issues for consideration. After enquiry, the Tribunal held that the accident was due to the negligence on the part of the driver of the Tractor in question and awarded a sum of Rs. 31,200/- along with interest @ 6% p.a. from the date of petition till the date of realization.
Being not satisfied with the compensation awarded by the Tribunal, the claimant is before this Court seeking enhancement of compensation.
Heard the learned counsel appearing for both the parties.
As per the wound certificate, Ex.P5, the claimant sustained the following injuries:
i) Abrasion over chest on right side
ii) Abrasion over mandible on right side
iii) Abrasion over left knee joint
iv) X-ray shows the fracture of right clavicle of 2nd, 3rd, 4th, 5th & 6th ribs on right side.
As per the wound certificate, the claimant was aged about 15 years as on the date of the accident. However, to assess the disability, the doctor has not been examined.
Having regard to the nature of the injuries sustained, claimant would be entitled for another sum of Rs. 15,000/- towards pain and suffering, towards medical expenses, another sum of Rs. 15,000/-, towards attendant, conveyance and incidental charges, another sum of Rs. 15,000/- and towards loss of amenities and enjoyment in life, another sum of Rs. 30,000/-. Since the claimant being a lady and aged 15 years as on the date of the accident, due to the fracture, there is a possibility of loss of marriage prospects for which notionally, she is entitled for Rs. 20,000/-. Thus, claimant is entitled for Rs. 95,000/- over and above what has been awarded by the Tribunal with interest @ 6% p.a. from the date of petition till deposit. The insurer to deposit the amount within three months.
Appeal is allowed in part.
Sri H.C. Vrushabhendraiah, learned Counsel for respondent No. 3 is permitted to file Vakalath within four weeks.