High CourtsSingle Bench(2013) 11 KAR CK 0191

Master Akshaya vs K.B. Ishwara and The Branch Manager, United India Insurance Co. Ltd.

Karnataka High Court · Decided on 29 November 2013

HON’BLE JUDGES
S. Abdul Nazeer, J
RESULT
Partly Allowed
CASE NUMBER
Miscellaneous First Appeal No. 5975 of 2011 (MV)

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Judgment

6 paragraphs · 288 words

S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 1486/2005 dated 18.11.2010 on the file of the Motor Accident Claims Tribunal at Puttur, D.K., whereby the Tribunal has awarded total compensation of Rs. 25,100/- with interests 6% per annum from the date of the petition till the date of deposit. I have heard the learned Counsel for the parties.

2.

It is evident that the claimant had sustained the following injuries in the accident occurred on 28.3.2005:

1) Abrasion 2 cm x 1 cm over right side of the nose;

2) Abrasion 4 cm x 3 cm over right knee.

CT scan shows the fracture of right temporal bone and comminuted fracture of right petrous temporal bone.

3.

The claimant was hospitalized for 3 days at A.J. Hospital, Mangalore. The Tribunal has awarded Rs. 21 000/- towards pain and suffering, Rs. 3,500/- towards medical expenses, which is just and reasonable. The Tribunal ought to have awarded appropriate compensation towards conveyance, food, nourishment, etc. Under this head, the Tribunal has awarded a sum of Rs. 400/-. I am of the view that an additional sum of Rs. 10,000/- has to be awarded to the claimant under this head. 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. 10,000/- 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.