Kum. Anjana P. vs The New India Assurance Co. Ltd. and B.N. Jeevan

S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 8585/2007 dated 19.11.2010 on the file of the Motor Accident Claims Tribunal, Court of Small Causes at Bangalore, whereby the Court below has awarded total compensation of Rs. 20,000/- with interest at 6% per annum from the date of petition till the date of deposit. Learned counsel for the appellant would contend that the claimant had sustained fracture of radius. The medical certificate at Ex. P15 shows that the claimant has sustained simple as well as grievous injuries. She has spent about Rs. 30,000/- towards medical expenses. However, the Court below has not awarded appropriate compensation.

On the other hand, learned counsel appearing for the respondent-insurance company has sought to justify the impugned judgment and award.

There is no dispute as to the occurrence of the accident and liability of respondent - insurance company to the pay the compensation.

The medical certificate at Ex. P15 issued by one Doctor Nagaraj, shows that the claimant had sustained simple as well as grievous injuries in the accident. Ex. P16 is the certificate issued by Doctor Dixit. It shows that claimant had sustained fracture of Radius right shaft and injury to right shoulder. It is no doubt true that the claimant has not examined the Doctor who had treated her or who had issued the Ex. P16. However, materials on record would clearly shows that the claimant had sustained grievous injuries in the accident and that she has taken treatment for the injuries. Taking a over all view of the matter, a sum of Rs. 15,000/- is awarded towards compensation in addition to what has been awarded by the tribunal. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent - insurance company is directed to deposit a sum of Rs. 15,000/- with interest at 6% per annum from the date of petition till the date of deposit within a period of six weeks from the date of receipt of copy of this order. The claimant is permitted to withdraw the said amount on its deposit. No costs