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Judgment
Ravi Malimath
Being aggrieved by the Judgment & Award dated 30-7-2007 passed by the Motor Accidents Claims Tribunal, Court of Small Causes, Bangalore, in MVC No.3440/2006. the claimant has filed this appeal seeking enhancement of compensation.
The claim of the appellant is that at about 12:30 p.m. on 11-5-2006 when he was driving his car on Yalemallappa Shetty Keri Road near PWD Bricks factory, Bidarahalli Hobli, Bangalore East Taluk, a lorry bearing registration No. KA-08-2198 came in a rash and negligent manner with high speed and dashed against the car. Due to the accident he suffered serious injuries and was on treatment in hospital. Thereafter, he filed a claim petition seeking compensation. The same was contested. The Tribunal, by its judgment and award, granted compensation of Rs. 1,32,000/-along with interest at 6% p.a on Rs. 1,22,000/-from the date of petition. Aggrieved by the inadequacy of compensation, the present appeal is filed seeking enhancement.
The doctor who examined the claimant has deposed in his evidence that the claimant was admitted on 11-5-2006 and he found the following injuries: -
a) Lacerated wounds over right fore-arm;
b) Lacerated wound over mid thigh:
c) Type 2 open fracture, shaft lower third of right femur;
d) Blunt injury abdomen;
The doctor assessed the disability at 45% to right lower limb and 15% to whole body. He found that the claimant has difficulty in sitting and standing etc,.
Keeping in mind the evidence and nature of injuries suffered by the claimant, the Tribunal awarded a sum of Rs 30,000/- towards pain and suffering. In view of the medical bills amounting to Rs.58,187,76 ps, a sum of Rs.65,000/- was awarded towards medical expenses and incidental charges. A sum of Rs. 10,000/- has been awarded towards subsequent cost of surgery likely to be incurred. Taking the income at Rs.3,000/- p.m. for the laid-up period of four months a sum of Rs. 12,000/- has been awarded. On the head of loss of amenities and future unhappiness, a sum of Rs. 15,000/- is awarded. Thus, in all, a sum of Rs. 1.32,000/- has been awarded.
On hearing the counsel and on examining the records, the amount awarded by the Tribunal is inadequate and requires enhancement having regard to the nature of injuries sustained and the disability suffered. Hence, the following compensation is awarded:-
Pain & Suffering
Rs.15,000/-
Medical expenses Including nourishment and attendant charges
80,000/-
Contemplated second Surgery for removal of Implants
10,000/-
In view of the disability suffered, the laid-up period would be atleast for six months. Hence, At the rate of Rs.3,000/- for 6 months, Rs. 18,000/- is awarded. Towards loss of amenities, Rs.25,000/- is awarded. In all, Rs. 1,48,000/- is awarded.
Accordingly, the appeal is partly allowed. The compensation is enhanced to Rs. 1,48,000/-and the enhanced compensation shall carry interest at 6% p.a from the date of petition till the date of realisation.