AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi Malimath
Aggrieved by the Judgment and award dated 17-11-2008 passed in MVC.No. 267/2004 by the II Additional Civil Judge (Sr. Dn.) & MACT, Shimoga, the present appeal is filed seeking enhancement. A compensation of Rs. 2,08,000/- has been awarded along with interest @ 6% per annum from the date of petition till the date or deposit. The compensation awarded by the Tribunal is under the following heads:-
1) Pain & suffering
Rs. 50,000/-
2) Medical expenses
Rs. 80,000/-
3) Future medical expenses
Rs. 10,000/-
4) Loss of income
Rs. 18,000/-
5) Disability
Rs. 40,000/-
6) Travelling expenses
Rs. 5,000/-
7) Attendant charges
Rs. 5,000/-
Total
Rs. 2,08,000/-
So far as conventional heads are concerned I do not find any reason to interfere. Towards future medical expenses a sum of Rs. 10,000/- is awarded. The same is enhanced to Rs. 25,000/- . So far as disability is concerned a sum of Rs. 40,000/- is awarded. In view of the medical evidence, the same stands enhanced to a sum of Rs. 65.000/- . In view of the fact that the claimant had to travel from his village to Manipal for treatment, the sum awarded under the head travelling expenses, is enhanced to a sum of 10,000/- . Hence, the compensation awarded is as under:-
1) Pain & suffering
Rs. 50,000/-
2) Medical expenses
Rs. 80,000/-
3) Future medical expenses
Rs. 25,000/-
4) Loss of income
Rs. 18,000/-
5) Disability
Rs. 65,000/-
5) Travelling expenses
Rs. 10,000/-
7) Attendant charges
Rs. 5,000/-
Total
Rs. 2,53,000/-
The enhanced compensation of Rs. 45,000/- (Rs. 2,53,000A - Rs. 2,08,000/- ) shall carry interest at the rate of 6% per annum from the date of the Petition till the date of deposit. The enhanced amount compensation shall be paid within 8 weeks from the date of receipt of copy or this order.