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Judgment
Ravi Malimath
Aggrieved by the judgment and award in M.V.C. No. 292/2008 dated 27.15.2008 passed by the Prl. Civil Judge (Sr. Dn.) & Addl, Motor Accident Claims Tribunal, Udupi, the claimant has filed present appeal seeking enhancement
The case of the claimant is that on 27.12.2007 at about 5.30 p.m., when he was going on his two wherever, a Car dashed him. He suffered injuries and was shifted to the Hospital where he took treatment. Thereafter, the claim petition was filed wherein the Tribunal awarded a sum of Rs. 80,800/- along with interest at the rate of 8% p.s. Being dissatisfied with the same, the claimant has filed this appeal seeking enhancement
In the instance case, the Doctor has not been examined. The entire claim is based on Ex.P4, the wound certificate. The Tribunal has awarded Rs. 30,000/- towards pain and suffering, Rs. 2,000/- towards conveyance, Rs. 3,000/- towards attendant and nourishing food, Rs. 35,800/- towards medical expenses end Rs. 10,000/-towards discomfort and loss of amenities. The tribunal has considered the material evidence on record and has awarded adequate amount on all various heads, I do not find the compensation awarded by the Tribunal calls for any interference or enhancement The same is just and proper and awarded notwithstanding the fact that the Doctor has not been examined to state about the injuries and the extent of discomfort or otherwise which has been pleaded by the appellant Based on the available material, the quantum awarded is just and proper and does not call for any interference. Hence, the appeal is dismissed.