Somashekhara and Hanumanthappa vs T. Kumara and The Branch Manager Reliance General Insurance Company Ltd. No. 1 and 2, I Floor, Maganur Commercial Complex, B.D. Road, Chitradurga-577501

Huluvadi G. Ramesh

These two appeals have been taken together for disposal as they arise out of common accident, as against the common judgment and award passed by the Senior Civil Judge and Addl. MACT, Hiriyur in MVC Nos. 80/2009 and 113/2009 respectively dated 23.9.2011. The Tribunal, having held that the accident was due to the negligence on the part of the rider of the motorcycle bearing No.KA 16 K 5396, who dashed against the claimants in MVC Nos. 80/2009 and 113/2009 respectively, when they were proceeding near Mahalingappa''s land on the left side of Chillahally road of Hiriyur taluk on 1.12.2008 around 6.15 p.m., has awarded a compensation of Rs. 37,200/- and 1,12,400/- respectively on the following heads:

In MVC No. 80/2009:

Pain and sufferings

Rs. 27,000/-

Attendant charges

Rs. 1,200/-

Medical expenses

Rs. 4,000/-

Loss of earning during treatment period

Rs. 5,000/-

In MVC No. 113/2009:

Pain and sufferings

Rs. 43,000/-

Attendant charges

Rs. 3,000/-

Medical expenses

Rs. 10,000/-

Loss of earning during treatment period

Rs. 6,000/-

Loss of earning due to disability

Rs. 50,400/-

Being not satisfied, these appeals are filed.

Heard.

In MVC No. 80/2009, Doctor has not been examined. Claimant is said to have suffered undisplaced fracture of distal end of radius and fracture of 2nd metacarpal. He was treated at Government Hospital, Hiriyur. Having regard to the nature of injury sustained, claimant would be awarded another Rs. 15,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit, which is towards loss of earning during the laid up period and incidental expenses. In MVC No. 113/2009, claimant has sustained fracture of distal 1/3rd of left humerus and comminuted fracture 1/3rd of left ulna and fracture of junction of middle 1/3rd of radius. Doctor has been examined in this regard and he has deposed that there is disability of 20%. Claimant would be entitled for another Rs. 25,000/- towards loss of amenities and enjoyment in life and another Rs. 10,000/- towards loss of income and incidental charges. Thus, claimant would be entitled for Rs. 35,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit Insurer to deposit the amount in three months.

Accordingly, appeals are allowed in part.