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Judgment
Huluvadi G. Ramesh, J.—This appeal is by the claimant seeking for enhancement of compensation against the award passed by the Chief Judge, Court of Small Causes and M.A.C.T., Bangalore, in M.V.C. No. 7449/2007 dated 31.8.2010.
On 19.11.2006, when the claimant was travelling in the Tata Sumo bearing No. KA.05/AB.6776, because of some mechanical defect, the driver had stopped the Tata Sumo within the jurisdiction of Changaram Kumal Police Station. While the driver was attending to some repairs, at that time, the bus bearing No. KL.08/AH.2255 driven by its driver came in a rash and negligent manner & dashed against the Tata Sumo from behind and in turn, due to the impact, it dashed against the claimant. As a result of which, claimant sustained multiple injuries. Claimant was treated at Arafa Hospital, Changaramkular, Kerala, wherein he was admitted as an inpatient for two days. Thereafter, he was treated at Sparsh Hospital, Bangalore. A claim petition was filed & the matter was contested by the respondent insurer. Based on the same, the Tribunal has raised as many as four issues. After enquiry, the Tribunal having held that the accident occurred due to the negligence of the part of the driver of the bus bearing No. KL.08/aH.2255 awarded a total compensation of Rs. 68,210/- under the following heads:
Towards injury, pain and suffering Rs. 40,000/-, loss of income during treatment for three months Rs. 12,000/-, medical expenses Rs. 10,210/-, attendant charges Rs. 3,000/-, transportation charges Rs. 3,000/-.
Being not satisfied with the compensation awarded by the Tribunal, the claimant is before this Court seeking enhancement of compensation.
Heard the learned counsel appearing for both the parties.
As per the wound certificate, discharge summary at Ex.P4 claimant was admitted as an inpatient for two days in Arafa Hospital. He is said to have suffered fracture of 11th and 12th ribs with fracture of right transverse process of lumbar vertebrae with closed fracture shaft of right fibula. Once again, he was admitted to Sparsh Hospital, Bangalore, for two days. Ex.P5 is the discharge Summary issued by Sparsh Hospital, which shows that he had fracture transfer process of L1, L2, L3 with fracture 10th 12th ribs on right side with fracture 5th, 6th ribs left side with fracture M/3 right fibula.
The claimant would be awarded another Rs. 25,000/- towards loss of amenities and enjoyment in life, another Rs. 10,000/- towards diet, conveyance and attendant charges, another Rs. 15,000/- towards incidental expenses. Thus, claimant would be entitled for Rs. 50,000/- over and above what has been awarded by the Tribunal with interest @ 6% p.a. from the date of petition till deposit. Insurer to deposit the amount within three month.
Appeal is allowed in part.