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Judgment
Ravi Malimath
Aggrieved by the judgment and award dated 27.02.2006 passed by the in Addl. Judge and Motor Accident Claims Tribunal, Bangalore in MVC No. 4531/2006, the claimant has filed the present appeal seeking enhancement.
The case of the claimant is that on 01.06.2006, at about 2.00 p.m. near Sri. Ram Hotel, Mission Road, a Tata Indica Car bearing No. KA-03-934 being driven by to driver in a rash and negligent manner dashed against him when he was crossing the road with his colleague. He took treatment in the hospital and has incurred expenses towards the same. The claimant was working as a cloth operator in Gokuldas Export Ltd. and earning Rs. 15,000/-per month. A claim petition was filed by the claimant seeking compensation end by the impugned judgment and sward, a sum of Rs. 1,23,000/- along with interest at the rate of 6% was awarded. Being dissatisfied with the amount of compensation awarded by the Tribunal, the present appeal is Tiled seeking enhancement.
The Doctor who examined the claimant has noted that the claimant has suffered a fracture of the left humerus and the injury is grievous. That an open reduction and internal fixation with dynamic compression plate on the left humerus was conducted on him on 02.06.2006 and discharge on 06.06.2006. He has further stated that the patient has moderate to severe restriction of movements at the left elbow joint which is 30% disability for the left upper limb and 10% to the whole body. Based on the evidence of the Doctor, the trial Court has awarded the compensation as under;
1
Pain and agony
Rs. 30,000/-
2
Medical expenses, conveyance, Nourishment and attendant charges
Rs. 70,000/-
3
Loss of income during the treatment period
Rs. 25,000/-
4.
Loss of future amenities & enjoyment of life pecuniary loss in future
Rs. 60,000/-
Total
Rs. 1,65,000/-
Less; 10% contributory negligence
13,500/-
Rs. 1,71,500/-
No submissions at all are forth coming from the appellant''s counsel. Hence, the entire records have been examined. The Doctor has stated in his evidence with regard to the injures and regarding the operation conducted on the claimant He has also mentioned with regard to the disabilities suffered Based on the same, the Tribunal awarded a sum of Rs. 60,000/- Inwards Less of future amenities & enjoyment of life end pecuniary loss in future. I find that the compensation awarded is just and reasonable. Rs. 30,000/- is awarded towards pain and agony. In view of the serious injuries suffered, I am of the considered view the same requires to be enhanced to a sum of Rs. 50,000/-, The medical expenses, conveyance, nourishment end attendant charges have been awarded in a sum of Rs. 70,000/- which is adequate and does not call e sum of Rs. 70,000/- which is adequate end does not call for any Interference. The loss of income during treatment period has been awarded at Rs. 25,000/- which also does not call for any interference.
For the aforesaid reasons and in view of the evidence on record, the award is enhanced by a sum of Rs. 20,000/-The same shall carry interest at the rate of 6% p.a. The award to satisfied within a period of eight weeks from the date of receipt of a copy of this order.