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Judgment
Huluvadi G. Ramesh, J.—This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Prl. Civil Judge (Sr.Dn.) & M.A.C.T.-IV, Davanagere in M.V.C. No. 590/2008 dated 20.1.2011.
On 19.7.2007 at about 5:45 p.m. when the claimant was travelling in a S.H.M.S. Hanuman bus bearing No. KA-17-A-4707 near Kabbla Village, another bus bearing No. KA-17-A-4104 came from opposite direction in a rash and negligent manner and dashed against his bus. Due to the impact, the claimant sustained injuries. Hence, he filed the claim petition before the Tribunal seeking compensation.
The respondent contested the matter. The Tribunal raised 8 issues for consideration. After enquiry, the Tribunal held that the accident occurred due to rash and negligent driving of the bus and awarded compensation of Rs. 44,000/- with interest at 6% p.a. from the date of petition till payment under the following heads:
Being not satisfied with the quantum of compensation awarded by the Tribunal, the present appeal is filed.
As per wound certificate, the claimant sustained fracture injury over his right elbow. He underwent surgery with fixation of plate and screws. The doctor has assessed disability at 30-35% to limb. But the Tribunal has taken permanent disability at 4%.
Having regard to the nature of injuries, the claimant would be entitled for compensation of Rs. 17,000/- towards "pain and suffering", Rs. 15,000/- towards "incidental expenses", Rs. 7,000/- towards "loss of income during laid up period" and Rs. 30,000/- towards "loss of future earning". Thus, in all, the claimant is entitled for compensation of Rs. 69,000/- over and above the compensation awarded by the Tribunal with interest at 6% p.a. from the date of claim petition till deposit.
Accordingly, the appeal is allowed-in-part. The Insurance Company is directed to deposit the compensation amount with interest within three months.