High CourtsSingle Bench(2011) 07 KAR CK 0035

Sudhesh rep: by His Father Sudhakar Salian vs K. Raghavendra Rao and The United India Insurance Co. Ltd.

Karnataka High Court · Decided on 22 July 2011

HON’BLE JUDGES
Subhash B.Adi, J
RESULT
Allowed
CASE NUMBER
Miscellaneous First Appeal No. 285 of 2011 (MV)

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Judgment

6 paragraphs · 188 words

Subhash B.Adi

1.

Notice to respondent No. 2 is dispensed with.

2.

This is a claimant''s appeal against the judgment and award dated 30.11.2010 in MVC No. 145/2009 on the file of the MACT, Udupi seeking enhancement of compensation.

3.

On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. 32,600/- with interest. Unsatisfied with the same, claimant is before this Court.

4.

Claimant was aged about 14 years at the time of accident that occurred on 29.9.2008. He suffered fracture of right medial malleolus. He was treated as inpatient. Claimant had spent an amount of Rs. 7,599.20 towards medical expenses. Having regard to the same. Tribunal has awarded compensation of Rs. 20,000/-towards pain and suffering. Rs. 7,600/- towards medical expenses, Rs. 5,000/- towards attendant''s charges. In case of injury, the parents must have attended to the claimant and they must have lost their income. However, the claimant must have also suffered pain and suffering. Having regard to the same, claimant is entitled for Rs. 40,000/- over and above the compensation awarded by the Tribunal with interest.

Accordingly, The appeal is allowed in part.