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Judgment
A.S. Bopanna, J.—The claimant is before this Court seeking enhancement of compensation as against the sum awarded in MVC No. 30/2005.
Heard the learned Counsel for the parties and perused the appeal papers.
The facts relating to the accident having occurred on 29.10.2004 and the nature of injuries suffered by the claimant is not seriously in dispute.
The discharge summary which was marked as Ex.P7 indicates that the claimant had suffered four injuries. Though the same were not of a serious nature, however, the fact that he was hospitalised for three days is not in dispute. Keeping this aspect in view and also considering the fact that the claimant was in India on a holiday and during the said period, he had suffered the said injuries in the accident and had taken the treatment and also had got all tests done to rule out any other complications would indicate that he had suffered sufficiently due to the said accident. If this aspect is kept in view, the compensation awarded towards pain and suffering is on the lower side and as such a further sum of Rs. 16,000/- is awarded under the said head.
Though the learned Counsel for the Appellant contends that apart from the injuries, the claimant in fact had lost his income of Rs. 1,10,000/- as he had to extend his leave and also had lost some amount due to cancellation of also plane ticket, there is no material placed on record. Firstly, it is to be noticed that the claimant in fact was in India on a holiday when the accident had occurred. Considering the fact that the claimant was employed abroad, if at all the leave had been extended pursuant to the injuries suffered in the accident, the same could have been established with documentary evidence. Therefore, the mere contention to that effect cannot be accepted and as such the only aspect which could be taken into consideration in the present appeal is with regard to the bodily injuries suffered by the claimant for the purpose of compensation and towards the same, the compensation has been enhanced towards pain and suffering.
In addition to the said amount, the claimant is also entitled to a further sum of Rs. 5.000/- towards the shortfall towards medical and incidental expenses.
Therefore, in all the claimant is entitled to the enhanced compensation of Rs. 21,000/- with interest at the same rate as awarded by the Tribunal. The enhanced amount with interest shall be deposited by the Insurance Company within a period of six weeks from the date of receipt of a 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.