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Judgment
Subhash B. Adi, J.—This is claimant''s appeal seeking enhancement of compensation in respect of judgment and award in M.V.C. No. 855/2007 dated 30th May 2008 on the file of M.A.C.T., Udupi.
Claimant suffered an injury in a road accident that occurred on 6.6.2007 at about 06:15 hours. It is alleged that she was traveling in a bus bearing registration No. KA-09/M-9469 from Udupi towards Yermal. When the bus reached near Pangala bridge on N.H.17 of Uligargoli village, on account of the rash and negligent driving of the bus by its driver, it collided with the another bus bearing No. KA-19/B-6156, as a result of which, the claimant suffered grievous injury and admitted to the hospital.
The claim petition was resisted by the insurer. However, the Tribunal on the basis of the evidence found that the claimant has established the accident and has also established that the actionable negligence on the part of the Respondent - driver and further held that the claimant is entitled for compensation.
Insofar as quantum of compensation is concerned, claimant has produced evidence to show that, she has suffered fracture of clavicle light in the accident. Considering the said evidence and also the evidence of the claimant that she was inpatient for 9 days, Tribunal has granted Rs. 25,000/- towards pain and suffering; Rs. 1,500/- towards conveyance; Rs. 2,000/-towards attendant and nourishing food; Rs. 5,200/- towards medical expenses, Rs. 9,000/- towards loss of income during treatment and Rs. 10,000/- towards loss of amenities.
There is no evidence other than this to prove disability or loss of earning capacity. Considering the same, except on the head of attendant, conveyance, nourishing food and loss of amenities is concerned, in my opinion, the compensation granted by the Tribunal on other heads is reasonable. Accordingly, the claimant is entitled for Rs. 11,500/- over and above the compensation awarded by the Tribunal with interest thereon.