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Judgment
Huluvadi G. Ramesh, J.—This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned Senior Civil Judge & MACT, Malavalli, in MVC. No. 2/2008, dated 10th June 2010.
It is the case of the claimant that on 5.4.2006 at about 12.30 p.m. she was travelling along with her maternal uncle Rajanna in the bus bearing registration No. TDQ-1913 from Ittanahalli Koppalu to Bendaravadi. When the bus stopped at Bendaravadi gate, she was about to get down, at that time, driver moved the bus in a rash and negligent manner due to which, she fell down and sustained grievous injuries. Immediately, she was admitted to J.S.S. Hospital, Mysore, wherein she was inpatient from 5.4.2006 to 22.4.2006. As such, claimant filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the respondent-insurer, the Tribunal raising relevant issues for consideration, after enquiry, holding that the accident was due to negligence on the part of the driver of the bus in question, awarded total compensation of Rs. 33,000/- with interest at 6% p.a. from the date of petition till the date of deposit under the following heads:
Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
As per the medical evidence, claimant has sustained injuries to left hip and right hip and also on thigh. The X-ray reveals fracture of pelvis. She had undergone surgery to hip joint. According to the doctor, claimant suffered 40% permanent partial disability to the right lower limb. After deducting one-third, it is to be said that, claimant has suffered 13% disability to the whole body She was minor at the time of accident. Due to accidental injuries, she has difficulty in marital life. The Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, The National Insurance Company Limited and Another, has fixed the ratio with regard to compensation payable for the disability suffered by a minor i.e., if the disability is above 10% and up to 30% to the whole body, Rs. 3 lakhs.
Having regard to the nature of injuries suffered by the claimant, she is entitled for a sum of Rs. 3 lakhs towards pain and suffering and Rs. 40,000/- towards medical expenses, diet, conveyance etc., Thus, in all the claimant is awarded compensation of Rs. 3,40,000/- instead of Rs. 33,000/- as awarded by the Tribunal.
In modification of the impugned judgment and award passed by the Tribunal, claimant is awarded compensation of Rs. 3,40,000/- with interest at the rate of 6% pa. from the date of petition till the date of deposit. The respondent-insurer to deposit the amount within three months.
Appeal is allowed in part accordingly.
Sri A.M. Venkatesh, learned counsel is permitted to file vakalat within four weeks.