Dharma @ Dharmegowda vs Ambalagana and The Manager United India Insurance Co. Ltd.

Huluvadi G. Ramesh

This appeal is by the claimant - appellant against the judgment and award dated 23.05.2011 passed in MVC No. 856/2010 on the file of the Presiding Officer, Fast Track Court and Additional MACT, Hassan. On 20.5.2010, appellant was proceeding on his motorcycle bearing registration No. KA13 U 8214 along with his cousin and while they were so proceeding near Boovanahalli Petrol bunk on B.M. Road, driver of the Maruthi Omni Van bearing registration No. KAO3 M 6939 came in a rash and negligent manner and dashed against the motorcycle due to which, the appellant fell down and sustained grievous injuries. He was hospitalized for 20 days in Arasikere Hospital and is said to have spent huge amount for medical expenses. The Tribunal, on the claim petition filed, held that the accident was due to the negligence on the part of the driver of the Maruthi Omni Van and awarded a total compensation of Rs. 1,37,000/- under the following heads:

i. pain and suffering

Rs. 20,000/-

ii. Medical expenses

Rs. 35,000/-

iii. Loss of future income

Rs. 47,000/-

iv. Loss of amenities

Rs. 15,000/-

v. Medical attendant & nutritious food

Rs. 8000/-

vi. Loss of income during the period of treatment

Rs. 2000/-

vii. future medical expenses

Rs. 10,000/-

Total

Rs. 1,37,000/-

Being not satisfied with the compensation awarded, the appellant is before this Court seeking enhancement of compensation.

Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent no. 2. The claimant is said to have sustained five injuries. Among them, one is grievous in nature and other are simple injuries. As per the evidence of the Doctor, claimant sustained 25% disability to the upper limb which may be around 7% to the whole body. Looking to the nature of injuries, the claimant could be awarded another sum of Rs. 6000/- towards loss of income during the period of treatment, a sum of Rs. 10,000/- under the head pain and suffering, a sum of Rs. 10,000/- under the head loss of amenities and enjoyment in life and a further sum of Rs. 4,000/- under the head medical expenses. Thus, in all the claimant would be entitled to a compensation of Rs. 30,000/-over and above what has been awarded by the Tribunal with interest @ 6% per annum from the date of petition till the date of deposit. The respondent no. 2 - Insurance Company to deposit the award amount within three months from the date of receipt of a certified copy of the order. Accordingly, the appeal is allowed in part.