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Judgment
S.N. Satyanarayana, J.—The claimant in MVC No. 7843/08 on the file of MACT, Bangalore, has come up in this appeal seeking enhancement of compensation for the injuries suffered in a road traffic accident dated 15.09.2008 at about 10.45 a.m., while he was traveling on a motorcycle bearing registration No. KA-02 YE-9362. It is stated that he was hit by a Maruthi Car bearing registration No. KA-05 N-4935. A complaint was lodged on the same day at about 7.25 p.m., based on which, the charge-sheet is filed against the owner of the offending vehicle. The materials available on record would indicate that claimant has suffered fracture of right 5th metatarsal bone and other injuries. He is said to have taken treatment in Manipal Hospital, wherein, he was inpatient from 15.09.2008 to 18.09.2008 for the aforesaid injuries. In the proceedings before the Tribunal, he has adduced evidence with reference to injuries suffered in the accident as PW-1 and he also examined a Doctor as PW-2. The Doctor would state that fracture suffered to 5th metatarsal bone is completely healed and fracture is united but he has given evidence to the effect that claimant has 25% disability to the limb and 30% to the whole body, which was not believed by the Tribunal. In the proceedings before the Tribunal, though the medical bills are produced by the claimant was less than Rs. 90,000/-, the Tribunal has awarded compensation to the claimant in a sum of Rs. 93,000/- towards medical expenses, Rs. 8,000/- towards pain and sufferings and Rs. 4,000/- towards loss of amenities. This Court feel that the compensation awarded for medical expenses is just and proper. However, the compensation awarded towards pain and sufferings and loss of amenities, is on the lower side.
This Court in the facts and circumstances of the case feel that no grounds are made out to award compensation for future loss of earnings and disability. What the claimant is entitled to is compensation towards pain and sufferings which should be not less than Rs. 20,000/- and Rs. 10,000/- towards loss of amenities and future unhappiness and another sum of Rs. 15,000/- towards other expenses. If each one of them is separately assessed, the claimant would be entitled to compensation of not more, than Rs. 40,000/-. In that view of the matter, the appeal is allowed in part. The claimant is awarded global compensation in a sum of Rs. 40,000/- which shall carry interest at 6% p.a. from the date of petition till the date of deposit. The contesting respondent - insurance company shall deposit the same within eight weeks from the date of receipt of certified copy of judgment in this appeal.