Kempamma vs Ramegowda and The New India Insurance Company Ltd.

Huluvadi G. Ramesh

This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Addl. MACT, Srirangapatna in MVC No.847/2007 dated 24.11.2009.

The claimant has been awarded a compensation of Rs. 1,14,800/- on the following heads:

Medical expenses

Rs.30,000/-

Pain and suffering

Rs.20,000/-

Loss of earning

Rs.16800/-

Extra nourishment

Rs.10,000/-

Future medical treatment

Rs. 8,000/-

for the grievous injuries suffered in the accident occurred on 6.1.2007 near Srirangapatna. due to the negligence of the lorry bearing No.KA 02 AD 2277. Being not satisfied with the award amount, the claimant is before this Court seeking for enhancement.

Heard.

Claimant has sustained injuries on the face, head, jaws and fracture of both hands. As per the medical evidence, she has sustained permanent partial disability of 29% to the limbs. There is said to be exposure of neuro vascular bundle on the dorsal aspect of the forearm, fracture of lateral condyle of humerus, out lacerated wound of 6 cm. on the right hand, fracture of facial bones and also lacerated wounds on the right foot.

Having regard to the injuries suffered, the claimant could be awarded another Rs. 15,000/- on the head pain and suffering. Towards loss of amenities nothing has been awarded. On that head Rs. 25.000/- is awarded. Towards diet, conveyance, nourishment and attendant charges, another Rs. 15,000/- is awarded. Towards loss of income during the laid up period, another Rs. 10,000/- is awarded. The Tribunal is shown to have not taken into consideration Rs. 10,000/- advance paid towards medical expenses. Another Rs. 10.000/- is awardled on that head. Thus, the claimant is entitled for a total compensation of Rs. 75,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.

Appeal is allowed in part.