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Judgment
G.M. Lodha, Acting C.J.
Mr. Dhankar, learned Counsel for the Corporation submits that only five injuries were caused and the injured remained in hospital for a day. Therefore, the amount of Rs. 250/- cannot be called inadequate, although this Court may suitably increase it on liberal considerations.
Mr. Bhartiya prays for an award of Rs. 50,000/-, but I am unable to accept that, because the injuries are simple and there is nothing to show that fracture was caused. The documents produced regarding injuries nowhere mention of any fracture. If a fracture would have been caused, then medical treatment would have been provided for more than a day at least.
In view of this, I am inclined to accept the view point of Mr. Dhankar and treat the case as if no fracture was casued. However, the amount of Rs. 250/- is grossly inadequate and I increase it to Rs. 3,000/-.
Mr. Bhartiya prays that interest may be allowed at the rate of 12% per annum, but Mr. Dhankar states that instead of allowing interest the amount may be awarded in consolidated form by slightly increasing the amount of compensation. The present one is not a case where I should detain myself any more for this small controversy. Let the amount should be Rs. 3,500/- and it would include interest also. The parties would bear their own costs, as Mr. Dhankar is very fair in accepting the increase.