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Judgment
Ravi Malimath
Aggrieved by the Judgment and award dated 26-4-2008 passed in MVC No 37/2005 by the Civil Judge (Senior Division)& Additional MACT, Channarayapatna, the claimant has filed the present appeal for enhancement. The claimant has suffered four injuries, namely,
Deep lacerated over forehead bone deep 10x5x1cm,
Laceration wound over upper limb 3x2cm,
Laceration over 2 knee 3x2,
Laceration over nasal bridge 3x1 cm
The Tribunal has awarded a sum of Rs. 15,000/- towards pain, injury and suffering. The deep lacerated injury was inflicted over the forehead which is bone deep and hence the amount is inadequate. That only a sum of Rs.900/-has been award towards nourishment and a sum of Rs.900/- towards attendant charges, she therefore pleads that the compensation amount is meagre and the same may be enhanced.
I have heard the learned counsel for the appellant. Notice to respondent No.2 is dispensed with by the order dated 12-9-2011. Respondent No.1 has been served and has remained unrepresented.
On considering the material evidence on record and especially the injuries suffered by the claimant, I''am of the considered view that the claimant is entitled for enhancement. Injury No.1 suffered by the claimant is a deep laceration over the forehead bone deep measuring 10x5x1cm. He has suffered laceration wound over the upper limb measuring 3x2cm and laceration over both the knee measuring 3x2cm and laceration over nasal bridge measuring 3x1cm. The sun'' of Rs.15,000/- awarded towards pain, injury and suffering is inadequate and requires to be enhanced. A sum of Rs.30,000/- is awarded towards pain, injury and suffering. In view of the injury suffered a sum of Rs.900/- awarded towards nourishment is wholly inadequate. The same is enhanced to a sum of Rs.5,000/-. Even though the attendant charges has been awarded at the rate of Rs 100/- per day for 9 days nothing has been awarded so far as beyond the said period is concerned. Hence, a further sum of Rs.1,000/- is awarded towards attendant charges. The amount awarded towards medical expenses, loss of income and inconvenience caused to the claimant are undisturbed. The amount of compensation is enhanced in the following manner:-
1). Medical Expenses
Rs. 3,100/-
2). Pain, Injury & suffering
Rs. 30,000/-
3). Nourishment charges
Rs. 5,000/-
4). Attendant charges
Rs. 2,000/-
5). Loss of income
Rs. 14,450/-
5). Conveyance charges
Rs. 900/-
Total
Rs. 55,450/-
Accordingly, the amount of compensation is enhanced by a sum of Rs. 16,050/-(Rs.55,450-Rs.39,400/-) which shall carry interest at the rate of 6% per annum from the date of Petition till the date of payment. Ordered accordingly.