Babu vs V.V. Somayajulu and The Manager, The New India Assurance Co. Ltd.

S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 7292/2010 dated 13.10.2011 on the file of the Motor Accident Claims Tribunal, XXIV Addl. Small Causes Judge, Bangalore, whereby the Tribunal has awarded total compensation of Rs. 10,000/- with interest at 6% per annum from the date of the petition till the date of deposit. I have heard the learned Counsel for the parties.

It is clear from the evidence on record that the claimant had sustained two injuries in the accident. The wound certificate at Ex. P7 indicates that one injury is grievous and the other injury is which was simple in nature. He was hospitalized for 5 days. He must have spent some amount towards medical expenses. The Tribunal has awarded global compensation in a sum of Rs. 10,000/-. He requires rest for atleast two months. Therefore, he is entitled for compensation towards loss of income during the laid up period. He is also entitled for compensation towards pain and suffering. Having regard to the totality of the facts and circumstances of the case, it is just and proper to award an additional sum of Rs. 25,000/- towards compensation with interest at 6% per annum from the date of petition till the date of deposit. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent - Insurance company is directed to deposit an additional sum of Rs. 25,000/- with interest at 6% per annum from the date of the petition till the date of deposit in addition to what has been awarded by the Tribunal within a period of eight weeks from the date of receipt of a copy of this order. The appellant is permitted to withdraw the amount on its deposit. No costs.