Venkatesh vs Sri. Shivaprasad R. and New India Assurance Co. Ltd.

B.V. Nagarathna, J.—The injured claimant in M.V.C. No. 51/2011 has filed this appeal seeking enhancement of compensation by assailing the judgment and award dated 29.06.2013. It is no longer in dispute that the appellant sustained injuries in a road traffic accident that occurred on 08.06.2011 when he along with one Ramanji-the claimant in M.V.C. No. 50/2011 were proceeding on a motorcycle bearing No. KA-05-Q-8221 at Sulibele to distribute wedding invitation cards of their relative, Nagesh, when the appellant was riding the vehicle along with Ramanji as the pillion rider were hit by a Bajaj Chetak scooter bearing No. KA-05-X-4453 at about 07.45 pm at Chokkandahalli. Contending that he had sustained grievous injuries, the appellant filed the claim petition seeking compensation under various heads. The claim petition was connected with M.V.C. No. 50/2011 filed by the pillion rider, Ramanji.

The appellant was examined as P.W. 2 and the pillion rider Ramanji was examined as P.W. 1. They produced 7 documents which were marked as Ex. P.1 to Ex. P.7. On the basis of the said evidence a sum of Rs. 10,000/- with interest at 6% p.a. was awarded to the appellant herein as compensation. Not being satisfied with the said award the appellant has preferred this appeal.

I have heard the learned counsel for the appellant and perused the material on record. Ex. P.6 is the wound certified produced by the appellant which shows that appellant sustained tenderness over right knee and abrasion over right big toe. No doctor has been examined to prove that there was any permanent disability caused to the appellant. The Tribunal has rightly not believed Ex. P.7 - the medical bill showing an expenditure of Rs. 5,000/-. Having regard to the simple injuries sustained by the appellant the Tribunal has held that the medical bill of Rs. 5,000/- is unreasonable. However having regard to the nature of injuries sustained by the appellant global compensation of Rs. 10,000/- is awarded. I do not find any infirmity in the award of compensation awarded by the Tribunal. The appeal is without merit and hence dismissed.