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Judgment
This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 24.11.2025 passed in MVC No. 4625/2023 by the I Additional Small Causes Judge and MACT, Bengaluru (SCCH-11).
Even though the appeal is listed for admission today, with the consent of the learned counsel appearing for appellant – claimant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal.
Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident that occurred on 06.06.2023 due to the rash and negligent driving by the rider of two wheeler bearing registration No. KA-02-HJ-1107. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded global compensation of Rs.50,000/- with interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.
Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.
Learned counsel for appellant would contend that claimant had sustained six injuries over her face. As per Ex.P.8 – discharge summary she has sustained comminuted displaced fracture of right lateral wall of orbit, lateral and anterior wall of right maxillary sinus with hemosinus. Considering the said injuries, compensation awarded by the Tribunal is on lower side. Claimant is entitled to award of compensation under the heads `pain and suffering', `loss of amenities' and `loss of income during laid up period’. Claimant was admitted in the hospital for 4 days and therefore, she is entitled to attendant and conveyance charges. Claimant had incurred medical expenses of Rs.2,730/-. With this he prayed to allow the appeal.
Learned counsel for respondent No.2 – Insurer would contend that the Doctor has not been examined and fracture has not been proved. Injuries sustained by the claimant are on the face. Considering these aspects the Tribunal has rightly awarded compensation and there are no grounds for enhancement of compensation.
Having heard learned counsel for the parties, this Court has perused the judgment, award and certified copy of Ex.P.8 – discharge summary made available by the learned counsel for appellant.
As per Ex.P.8 the claimant had sustained the following injuries;
Edema and tenderness over the right zygomatic region
Abrasion measuring about 4 X 2 cm over right zygomatic and maxillary region
Abrasion measuring about 2 x 2 cm over right side of forehead
Abrasion measuring about 1 x 1 cm over lower lip
Abrasion measuring about 1 x 1 cm over dorsum of hands
Abrasion measuring 3 x 1 cm over dorsum and nasal ala on right side of nose.
In the said discharge summary it is mentioned that claimant had sustained comminuted displaced fracture of right lateral wall of orbit, lateral and anterior wall of right maxillary sinus with hemosinus. Considering the said injuries sustained, claimant is entitled to award of compensation towards `pain and suffering' and `loss of amenities'. Claimant is entitled to compensation towards `pain and suffering' in a sum of Rs.60,000/- and `loss of amenities' in a sum of Rs.40,000/-.
Claimant was admitted in the hospital for 4 days and therefore, she is entitled to compensation towards attendant, food and conveyance charges in a sum of Rs.4,000/-.
Since claimant had sustained injuries and fractures, she had to take rest at-least for one month and therefore, she is entitled to loss of income during laid up period for one month in a sum of Rs.16,250/-.
Claimant had incurred medical expenses of Rs.2,730/- and she is entitled for the same.
In view of the above, claimant is entitled to total compensation under various heads as under:
| 1 | Pain and sufferings | Rs.60,000.00 |
| 2 | Loss of amenities | Rs.40,000.00 |
| 3 | Attendant, food & conveyance charges | Rs.4,000.00 |
| 4 | Loss of income during laid up period | Rs.16,250.00 |
| 5 | Medical expenses | Rs.2,730.00 |
| Total | Rs.1,22,980.00 |
Considering the above aspects claimant is entitled to total compensation of Rs.1,22,980/- as against Rs.50,000/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.72,980/-. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.
In view of the above, the following;
O R D E R
Appeal is allowed in part.
Appellant - claimant is entitled to enhanced compensation of Rs.72,980/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.
Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day.
Appellant - claimant is entitled to release of entire enhanced compensation.
Registry is directed to send back the trial Court records.