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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard, the appeal is admitted and with the consent of learned counsel appearing for parties, it is taken up for final disposal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 08.04.2008 due to rash and negligent driving of the offending Tata Sumo bearing registration No. KA-51:349 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
As per wound certificate Ex. P-5, the claimant has sustained anterior dislocation of left shoulder with fracture of greater tuberosity and the injuries sustained by the claimant are supported by his oral evidence, who was examined as PW-1 and doctor was not examined regarding disability.
Considering the nature of injuries sustained by the claimant, a sum of Rs. 25,000/- is awarded towards ''pain and sufferings''
The claimant has produced medical bills for Rs. 729/- as per Ex. P8. He was treated as outpatient. Considering the same, a sum of Rs. 2,000/- is awarded towards ''medical and incidental expenses''.
The claimant claims to have been earning Rs. 3,000/- per month by working as a security guard. The nature of injuries suggest that he must have been under rest and treatment for a period of 3 months and therefore a sum of Rs. 9,000/- is awarded towards ''loss of income during laid up period''.
In the absence of evidence of Doctor regarding disability and its impact on future earning of the claimant, he is not entitled for compensation under the heads "loss of amenities''" and "loss of future income".
Thus, the claimant is entitled for the following compensation:-
Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 9,000/- with interest at 6% p.a. from the date of claim petition till the date of realization excluding interest for the delayed period of 124 days in filing the appeal. The Insurance Company is directed to deposit the additional compensation of Rs. 9,000/- with interest excluding interest for the delayed period of 124 days in filing the appeal within two months from the date of receipt of a copy of this judgment and the same shall be released in favour of the claimant.
No order as to costs.