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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.
The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal
Brief facts of the case are:
On 6-5-07 when the claimant was travelling as a pillion rider in a motor cycle bearing registration No. K-18/Q-5731 towards his village from Birur, it was hit by a lorry bearing registration No. KA-18/AB-9192. As a result, the claimant fell down and sustained injuries. He filed a claim petition before the Motor Accidents Claims Tribunal, Kadur (Tribunal) seeking compensation of Rs. 5,00,000/-. The Tribunal awarded him a compensation of Rs. 51,000/- with interest at 6% p.a. from the date of claim petiton till realisation.
As there is no dispute regarding injuries sustained by the claimant in a motor road accident, and the liability of the Insurance Company, the only point that arises for my consideration is:
Whether the compensation awarded by the Tribunal is just and proper or it calls for enhancement?
The learned Counsel appearing for the claimant submits, considering the nature of injuries sustained by the claimant and duration of treatment undergone by him, the compensation awarded by the Tribunal is on the lower side and therefore he prays for allowing the appeal and enhancing the compensation.
Per contra, the learned Counsel appearing for the respondent -- Insurance Co. submits, the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement and he prays for dismissal of the appeal.
After hearing the learned Counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side, and therefore it is required to be enhanced.
The claimant has sustained fracture of right side ribs with pneumothorax, as evident from the wound certificates - Ex. P4 and 5 and supported by the oral evidence of the claimant and the doctor who were examined as PWs 1 and 2 respectively. The claimant after taking first aid in Government Hospital, Kadur, continued treatment as inpatient in Nanjappa Hospital, Shimoga. He was treated as inpatient for about 9 days but, he has not examined the doctor.
However, considering the nature of injuries indicated in the wound certificates, Rs. 20,000/- awarded by the Tribunal towards pain and suffering is on the lower side and it is deserved to be enhanced by another Rs. 10,000/- and I award Rs. 30,000/- under this head.
The claimant has produced medical bills for Rs. 14,866/- and the tribunal has awarded Rs. 18,000/- towards medical and incidental expenses such as conveyance, nourishment and attendant chages. If Rs. 14,866/- is deducted towards medical bills, only Rs. 3,134/- remains for conveyance, nourishment and attendant charges and it is on the lower side. Therefore, it is just and proper to award a sum of Rs. 25,000/- as against Rs. 18,000/- awarded by the Tribunal towards medical and incidental expenses.
Nature of injuries suggest, claimant must have been under treatment and rest for a minimum period of three months. Therefore, Rs. 3,000/- awarded by the Tribunal towards loss of income during treatment period is on the lower side and it is deserved to be enhanced by another Rs. 6,000/- and I award Rs. 9,000/- under this head.
Though the doctor has not been examined regarding disability suffered by the claimant, but considering the nature of injuries, Rs. 10,000/- awarded by the Tribunal towards loss of amenities is on the lower side and it is just and proper to enhance it by another Rs. 10,000/- and I award Rs. 20,000/- under this head.
Thus, the claimant is entitled for an additional compensation of Rs. 33,000/- with interest at 6% p.a. on the enhanced compensation from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the compensation amount with interest within four weeks from the date of receipt of a copy of the award.
Out of the enhanced compensation 75% with proportionate interest is directed to be invested in Fixed Deposit in any nationalised or scheduled bank in the name of the claimant for a period of seven years. The remaining amount with proportionate interest is ordered to be released in favour of the claimant.
Accordingly the appeal is allowed in part and the judgment and award of the Tribunal is modified to the extent stated herein above. No order as to cost.