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Judgment
A.S. Bopanna, J.—The Appellant is before this Court seeking enhancement of the compensation as against the sum awarded in MVC No. 7754/2007.
2, Heard the learned Counsel for the parties and perused the appeal papers.
3, The facts relating to the accident having occurred on 25.9.2007 and the nature of injuries suffered by the claimant is not seriously in dispute. The wound certificate was marked as Ex.P.6 and discharge summary was marked as Ex.P.7. The said documents indicated the nature of injuries suffered by the claimant. Further, the X-ray, which was marked as Exs.P.13 and P.17 indicate that the claimant had debridement of the wound and SSG and also skin grafting. The fact that the said grafting was done and the same had also left behind a scar is indicated from the photographs, which was marked as Ex.P.9. In the background of the above and also taking note of the medical records produced by the claimant, the Tribunal has taken more of the nature of disability and thereafter awarded the compensation with regard to the compensation awarded under the head pain and suffering is appropriate It is no doubt true that the Tribunal while considering the fact of disability has arrived at the conclusion that the evidence tendered by PW.2 cannot be considered, as he was not the doctor, who treated the claimant. In any event, considering in the instant case that the claimant was a student aged about 15 years at the time of the accident and even if the percentage of disability as stated by the doctor is not taken into consideration with regard to the nature of injuries suffered and the disability, the discomfort that is caused by the said injury would have to be kept in view. In fact, the Tribunal has awarded a sum of Rs. 25,000/- towards permanent disability. In my view, the same is on the lower side, Keeping in view the fact that the nature of disability in the circumstance of loss of future income cannot be considered in the instent case, but at the same time, the fact that he was of young age arid had suffered severe pain will have to be kept in view and therefore, a further sum of Rs. 15,000/-is awarded under the said head. The amount awarded towards loss of amenities is also on the lower side. More particularly keeping in viewthat the claimant was a student and during the said period, he would have lost not only his classes but also the physical activities and it would hamper in future. Therefore, a further sum of Rs. 10,000/- is awarded under the said head. That apart, to make good shortfall under the medical and incidental expenses, a further sum of Rs. 5,000/- is awarded.
Therefore, the claimant in all is entitled to the enhanced compensation of Rs. 30,000/ - with interest at the same rate as awarded by the Tribunal.
The. 2nd Respondent-Insurance Company shall deposit the enhanced compensation with interest within a period of six week from the data of receipt of the copy of this order. On deposit, the entire amount shall be disbursed to the claimant.
In terms of the above, the appeal stands disposed of.
No order as to costs.