AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi Malimath
Aggrieved by the judgment & award dated 23-10-2008 passed by the V Additional Judge, MACT, Bangalore, the claimant has filed this appeal seeking enhancement.
The case of the claimant is that on 7-5-2008 at about 8.15 p.m. on Bellary Road, Anandnagar Cross, Bangalore, when he was riding his motorcycle bearing No. CKE- 7373 the driver of a car bearing No. KA-04 27 drove the same negligently and dashed against his motorcycle thereby causing injury wherein the claimant sustained injuries. He was treated at Bangalore hospital and thereafter claim petition is filed and the impugned Judgment & award a sum of Rs. 1,30,300/- along with interest at the rate of 9% from the date of Petition is awarded. Being dissatisfied with the same, the present appeal is filed seeking enhancement.
The Tribunal while considering the material on record granted the following compensation:-
1.
pain and Suffering
:Rs. 55,000/-
2.
Medicine and Hospital Charges
: Rs. 28,100/-
3.
Nourishment
:Rs. 2,000/-
4.
Attendant & Conveyance Charges
:Rs. 2,500/-
5.
Loss of Amenities & future Unhappiness
:Rs. 45,000/-
6.
Loss of income during Treatment period
:Rs. 5,733/-
Total Rounded off :
Rs. 1,38,333/-
Rs. 1,38,300/-
It is an undisputed fact that the claimant continues to work in the previous employment. There is no loss of employment to him. On account of the accident the amount awarded towards pain and suffering is just and reasonable and does not call interference. Towards medicine and the hospital charges the sum awarded is as claimed also does not call for interference. The amount of Rs. 2,000/- awarded towards nourishment is inadequate. Hence, the same is enhanced to a sum of Rs. 10,000/-. The attendant charges, conveyance expenses a sum of Rs. 3,500/- awarded stands enhanced to a sum of Rs. 10,000/-. The Doctor in his evidence has stated that the claimant requires a sum of Rs. 8,000/- for the purpose of another surgery to remove the nails. The same has not been taken into consideration by the Tribunal. Hence, a sum of Rs. 3,000/- is awarded towards the same. The remaining two heads, loss of amenities, loss of income during the period of treatment is just and reasonable and does not call for interference. Except the aforesaid three enhancement none of the other heads require any alteration. Accordingly, the compensation awarded stands enhanced by a further sum of Rs. 22,500/-.
The enhanced compensation shall carry interest at the rate of 6% per annum from the date of the petition till the date of payment.