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Judgment
Ravi Malimath
Being aggrieved by the Judgment and award dated 27-1-2009 passed in MVC. No. 780/2005 by the Addl. Civil Judge (Sr.Dn.) & MACT, Madhugiri, the claimant has filed the present appeal seeking for enhancement.
The case of the claimant is that she along with others were travelling in a bus bearing No. KA-06-9919. The driver of the bus suddenly applied brakes thereby the claimants sustained injuries. The appellant was treated in the hospital and spent huge sums of money. Thereafter the claim petition was filed seeking compensation. The Tribunal by the impugned Judgment & award granted compensation of a sum of Rs. 60,500/- from the date of the Petition till realization, which is being inadequate this appeal is filed seeking enhancement.
The learned counsel appearing for the appellant submits that the compensation awarded is inadequate and requires to be enhanced. Even though the appellant was inpatient for a period of 28 days, the same has not been considered appropriately by the Tribunal and the same requires to be enhanced.
The counsel appearing for the respondent is absent.
The Tribunal while considering the material on record, has granted the following compensation:-
Pain and Suffering
Rs. 15,000/-
Medical Expenses
Rs. 10,000/-
Food & Attendant Charges
Rs. 5,000/-
Transportation
Rs. 4,500/-
Loss of Income
Rs. 6,000/-
Deformity
Rs. 20,000/-
Total
Rs. 60,500/-
In view of the evidence of the Doctor P.W. 6 it is stated that the patient was treated for a period of 26 days. She has suffered injury to both lower limbs measuring 4/5", touch sensation reduced over thigh, deformity over lower back, tenderness ever lower back and restriction of joint movement lumber spine flexion 30% rotation 20%. I''am of the considered view that the amount awarded is inadequate and requires to be enhanced.
The amount awarded towards pain & suffering is enhanced to a sum of Rs. 25,000/-. The medical expenses awarded is in terms of the medical bills. The same is undisturbed. The claimant was in the hospital for almost 28 days and a sum of Rs. 5,000/- has been awarded which I think is wholly inadequate. The same is enhanced to a sum of Rs. 10,000/-. Being hospitalised for a period of 28 days, the amount of transportation involved would be more than what is awarded. The same stands enhanced to a sum of Rs. 7,500/-. In view of the injuries sustained it can be reasonably assessed that the appellant would not be able to attend work for at least for a period of 6 months. Accordingly, the loss of income for the laid up period has been enhanced to a sum of Rs. 13,000/- and Rs. 20,000/-towards deformity granted is undisturbed. The Doctor in his evidence states that there is permanent disability of 22% of the whole body. There is no reason as to how the Doctor has arrived at the disability of 22%. Hence I decline to accept the evidence of the Doctor that the claimant has suffered the disability of 22%.
Accordingly, the compensation is enhanced as follows:-
Pain and Suffering
Rs. 25,000/-
Medical Expenses
Rs. 10,000/-
Food & Attendant Charges
Rs 10,000/-
Transportation
Rs. 7,500/-
Loss of income
Rs. 18,000/-
Deformity
Rs. 20,000/-
Total
Rs. 90,500/-
Accordingly, the quantum of compensation granted by the Tribunal stands enhanced to a sum of Rs. 30,000/-(Rs. 90,500-Rs. 60,500/-). The same shall bear interest at the rate of 6% per annum from the date of the Petition till the date of payment which shall be paid within 8 weeks from the date of receipt of copy of this order.