M.P. Raghurama Bhat vs Shankarappa Ganiga and Others

K. Govindarajulu, J.—The claimant in MVC 1097/2006 on the file of MACT, Shimoga is the Appellant,

2, Facts necessary for the consideration of the present appeal are as under:

The claim of the claimant is that while he was working as Cleaner and Conductor in lorry bearing registration No. KA-20-4898, the driver of the another lorry has came rashly negligently and dashed against the lorry is the which the claimant was proceeding, it resulted in road traffic accident. So, prays for compensation of Rs. 4,25,000/-.

Objections are filed, denied the claim, pleaded for the proof of the accident, contend that the claim is exaggerated.

Learned member of the Tribunal has framed issues, recorded evidence. PW 1 is examined, Exs. P1 to P6 are marked. Learned member of the Tribunal while appreciating the evidence on record has awarded the compensation as under:

1

For fracture, pain, agony and discomfort

Rs. 20,000/

2

For loss of salary for three months at the rate of Rs. 3,000/- per month.

Rs. 9,000/

3

For attendant charges and for special diet during the period of treatment

Rs. 5,000/-

Total

Rs. 34,000/-

Learned advocate for the claimant submits that as per wound certificate Ex. P5 claimant has sustained fractures of left Fibula and Tibia, the doctor has stated that the said fractures are grievous in nature. The compensation awarded by the Tribunal is on the lower side. So, pray for enhancement of compensation

Learned Advocate for insurance Company supports the reasoning of the learned member of the Tribunal Submit that claimant has not produced a. piece of paper to show that he has spent amount for medicine, if any amount is awarded under such head, it may leads to false claim. So, pray for dismissal of the appeal.

Carefully considered the material submissions., Accident, actionable negligence are not disputed. Finding has to be given as to the quantum alone.

Learned member of the Tribunal has not awarded compensation under the. head of amenities So. compensation of Rs. 15,000/- is awarded under the head loss of amenities.

In regard to the head, loss of income during laid up period, the compensation of Rs. 9,000/- awarded by the Tribunal is on tower side. So, an additional sum of Rs. 6,.000/- is awarded under the said head.

In regard to medical expenses, the claimant has not produced any documents to show that he has spent amount for medicine. Even if he has not produced any documents also, it cannot be disbelieved. Considering the fractures suffered by the claimant, a sum of Rs. 10.000/- is. awarded, towards, medical expenses.

In addition to it a sum of Rs. 15,000/- is awarded as additional compensation under the head pain and sufferings,

Accordingly, appeal is allowed in part. So, the claimant is entitled for additional compensation of Rs. 46,300/-with interest at 6% per annum from the date of application till deposit.