High CourtsSingle Bench(2011) 07 KAR CK 0258

Sri C.M. Naveen vs Divisional Controller, KSRTC, Hassan Depot, Bus No. KA - 13/ F-201, Hassan

Karnataka High Court · Decided on 22 July 2011

HON’BLE JUDGES
Subhash B. Adi, J
RESULT
Allowed
CASE NUMBER
M.F.A. No. 15666 of 2007 (MV)

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Judgment

15 paragraphs · 274 words

Mr. Justice Subhash B. Adi

1.

This appeal is by the claimant seeking enhancement of compensation. The Tribunal has awarded compensation of Rs. 1,16,500/- with interest. The facts which are not in dispute are that the claimant had suffered two fractures and injury to urethra. On examination, it was found that his urinary track is damaged and opinion of the doctor is there is disability in the urethra and as long as the petitioner uses dilation of urethra he can lead a normal life. He has also stated that the claimant requires further treatment. From the evidence of the doctor, it is clear that the claimant had suffered fracture of left superior and interior pubic region and fracture of right superior and inferior pubic region and urethral injury. Having regard to the same, Tribunal has awarded compensation as under:

1) Future medical expenses

- Rs. 10,000/-

2) Medical expenses

- Rs. 36,500/-

3) Pain and Suffering

- Rs. 35,000/-

4) Food and transportation

- Rs. 5,000/-

5) Loss of amenities

- Rs. 30,000/-

Total

- Rs. 1,16,500/-

But the compensation towards loss of income during laid up period and loss of future income has not been awarded. Even though the Doctor has not stated as regard to the future disability, but the fact that there is damage to the urethra is not in dispute and it continues to exist. In my opinion, additional compensation of Rs. 50,000/- can be awarded on the head of loss of amenities. Accordingly, the appeal is allowed in part. The claimant is entitled to compensation of Rs. 50,000/- over and above the compensation awarded by the Tribunal with interest.