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Judgment
K. Govindarajulu, J.—The claimant, in MVC 910/2000 on the file of MACT, Tumkur is the Appellant in this appeal.
The case of the claimant Appellant is that on 28.09.2000 at 6.45 p.m he was travelling in a lorry bearing registration No. KA04/A8088 alongwith his goods from Tumkur to Nelamangala. Then the driver of the lorry bearing registration No. MH04/P3694 has driven it rashly and negligently and dashed against the lorry in which the Petitioner was moving. It resulted in read traffic accident. On account of it he sustained injuries. For pain, suffering and agony he claims compensation of Rs. 3.00 lakhs.
Insurance company files objections, denied the claim, call upon to prove the impact of the accident, contend that the claim is exaggerated, plead for dismissal of the claim application.
After framing of the issues PW1 is examined, Exs.P1 to P4 are marked. Learned member of the Tribunal found that there are fracture to the right radius and right tibia. So awarded compensation of Rs. 12,000/-.
Learned advocate for the claimant Appellant submits that the approach of the learned member of the Tribunal is incorrect. Non examination of doctor cannot be ground to reject evidence in the wound certificate. So pray for enhancement of the compensation.
On the other hand learned advocate for the Insurance company submits that if there was any impact atleast doctors evidence is necessary. So marking of the wound certificate is not sufficient. So supports the method adopted by the learned member of the Tribunal.
Material submissions probabilise, accident is not disputed actionable negligence is not disputed, wound certificate is marked. Wound certificate reflects two fractures. It is believed by the tribunal. It is not the quantum of evidence, it is quality is the criteria. Compensation awarded at Rs. 12,000/- is on lesser side. So it is enhanced to global amount of Rs. 40,000/-difference of Rs. 28,000/- shall carry interest at 6% per annum from the date of petition till deposit.
Appeal is allowed accordingly.