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Judgment
Ajit J. Gunjal, J.—The claimant is in appeal seeking enhancement. The claimant-appellant met with an accident on 11.11.2003. He sustained grievous injuries. A claim petition is lodged u/s 166 of the Motor Vehicles Act seeking compensation. The said claim petition was accepted in part and a sum of Rs. 24,000/- has been awarded as compensation, which is inclusive of ''pain and suffering'', ''medical expenses'' etc., The claimant is seeking enhancement. I have heard the learned counsel appearing for the appellant as well as the respondents.
It is not necessary for this Court to go into the question of actionable negligence inasmuch as a finding has already been recorded by the learned Member of the Tribunal on two counts i.e., the compensation as well as the actionable negligence and that has been accepted by the Insurance Company. What is required to be considered, in this appeal, is only the enhancement of compensation.
It is not in dispute and it is evidenced by Ex. P29 that the petitioner had suffered fracture of right shaft femur at the middle 1/3rd portion. Ex. P5 is the discharge summary and Ex. P33 is the case-sheet.
It is not in dispute that the records would substantiate the said fact that the claimant-appellant was hospitalised and was an inpatient from 11.11.2003 to 08.12.2003. Thus, the claimant-appellant was an inpatient for a period of 28 days. The Tribunal has been very niggardly in awarding the compensation. Having regard to the nature of injuries, I am of the view that the claimant-appellant is entitled for an enhanced compensation under all heads. It is also to be noticed that PW2-Doctor has been examined who has spoken to about the nature of injuries and the extent of disability also. Hence, the compensation is re-determined in the following terms:
Thus, the total compensation awardable would workout to Rs. 1,10,000/-. The claimant is also entitled for interest. Hence, the following order is passed:
(i) The appeal is allowed in part.
(ii) The claimant-appellant is entitled for total compensation of Rs. 1,10,000/-.
(iii) The enhanced compensation shall carry interest at the rate of 6% from the date of petition till deposit.
(iv) Appeal stands disposed of accordingly. Appeal allowed.