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Judgment
Ravi Malimath
At the request of both counsels the matter is taken up for final disposal since the records are received. Aggrieved by the Judgment and award dated 28-1-2008 passed in MVC. No. 2697/2006 by the XVIII Additional Judge, Court of Small Causes, Metropolitan Area, Bangalore, the claimant has filed the present appeal seeking enhancement.
The case of the claimant is that on 3-3-2006 at about 11.00 a.m. when she was the pillion rider and her brother was riding the motorcycle bearing No. KA 02 ER 6771, near Old Madras Road junction while waiting for the signal light, all of a sudden the driver of the goods tempo bearing No. KA 29-3575 came in a high speed and in a rash and negligent manner from behind and hit the motorcycle, as a result she sustained grievous injuries. On a claim Petition being filed the Tribunal awarded compensation of Rs. 90,000/ along with interest at 6% per annum from the date of petition till the date of deposit. Seeking enhancement the present appeal is filed. The Tribunal while awarding compensation considered the evidence of the Doctor P.W. 2 with regard to the injury sustained. He has stated that the claimant has sustained fracture of both bones of lower and mid third junction of right leg and she was operated on 4-3-2006 by closed interlocking nail and screws and discharged on 8-3-2006 and that the claimant is having difficulty in discharging the duty and in attending to day today activities. The Doctor therefore held that there is 5% disability to the whole body in view of the injury sustained. Accordingly, a sum of Rs. 30,000/- was awarded towards permanent disability. The claimant claims to be a housewife. By taking her income is Rs. 3,000/- per month and her age 34 years she will be entitled to loss of earnings as follows:-
Rs. 3,000 x 12 x 16 x 5%= Rs. 28,800/-.
A sum of Rs. 25,000/- is awarded towards pain and suffering which is just and reasonable. Towards loss of amenities and future happiness a sum of Rs. 15,000/- is awarded The same is enhanced to Rs. 20,000/-. Towards medical and incidental charges on the basis of medical bills a sum of Rs. 15,000/- is awarded. The same is just and reasonable and does not call for any interference. Towards future medical expenses a sum of Rs. 5,000/- is awarded. The Doctor in his evidence has stated that the patient would require another operation for removal of implants. It is submitted by the appellant''s counsel that a sum of Rs. 25,000/- is required for removal of implants. However, I am of the considered view that the cost of another surgery for removal of implants may be taken at Rs. 15,000/-. The compensation awarded is as follows:-
1.
Pain & suffering
Rs. 25,000/-
2.
Loss of amenities & happiness
Rs. 20,000/-
3.
Medical & Incidental charges
Rs. 15,000/-
4.
Permanent disability
Rs. 30,000/-
5.
Future medical expenses
Rs. 15,000/-
Total
Rs. 1,15,000/-
Accordingly, the compensation is enhanced by a sum of Rs. 25,000/-(Rs. 1,15,000/- - Rs. 90,000). The enhanced compensation excluding a sum of Rs. 15,000/- towards future medical expenses, shall bear interest at 6% per annum from the date of the Petition till realisation. The enhanced amount of compensation shall be paid within a period 8 weeks from the date of receipt of copy of this order.