AI Structured Summary
Not yet generated for this judgment
Judgment
Huluvadi G. Ramesh
This is a claimant''s appeal against the award passed by the MACT, Bangalore in MVC 4106/2009 on 11.2.2011. On 6.5.2009 when the claimant riding the motorcycle bearing No. KA 02 EG 6115 on Kanteerava Studio Road, near FTI Circle had stopped the vehicle waiting for signal clearance, at that time a tempo bearing No. KA 03 B 8116 came from behind and dashed against the claimant. Due to the impact, claimant fell down and sustained grievous injuries and was shifted to Raksha Hospital and thereafter, to Panacea Hospital, Basaveshwaranagar where he underwent surgery. On the claim petition filed, Tribunal after inquiry, having held that the accident was due to the negligence of the driver of the tempo in question, awarded total compensation of Rs. 1,16,000/- on the following heads:
Pain & suffering
Rs.20,000/-
Medical Expenses
Rs.77,000/-
Loss of earnings
Rs.9,000/-
Conveyance & attendant charges
Rs.5,000/-
Loss of amenities
Rs.5,000/-
Dissatisfied with the quantum of compensation, claimant is before this Court.
Heard the counsel representing the parties.
Claimant has sustained degloving injury on the left foot extending to ankle and crush injury to right third finger. ExP9-12 are the wound certificate and other documents. As per the wound certificate, there is crush injury to the 3rd finger of the right hand for 12 x 3 cms underlying extensor tendons severed and exposed bone.
Having regard to the nature of injuries suffered, claimant could be awarded another Rs.10,000/- towards pain and suffering; 15,000/- for loss of amenities and enjoyment in life and Rs.10,000/- towards diet, conveyance and attendant charges. As the disability has not been assessed by examining the doctor, however, having regard to the nature of the injury suffered, he could be awarded another Rs. 10,000/- towards disability. Thus, claimant would be entitled to Rs.45,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months. Appeal is allowed in part.