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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard. The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is disposed of finally.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 05-07-2005 due to rash and negligent driving of offending car bearing registration No. CKG-398 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether compensation awarded by the Tribunal is just and proper or does it call for enhancement?
After hearing the learned Counsel 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 reasonable, it is on the lower side and therefore, it is deserved to be enhanced.
As per Ex. P. 4 - wound certificate, claimant has sustained the following injuries;
1) Lacerated wound on the left angle of mouth
2) Another wound on the right cheek
3) Fracture of both maxilla
Injuries sustained and treatment taken by him are also evident from Exs. P. 5, P. 36 and P. 37 - discharge summaries, Exs. P. 34 and 35 - x-rays and supported by the evidence of two doctors examined as P.Ws. 2 and 3 respectively.
P.W. 2 - Dr. Jagadeesh of Dental Hospital, Chikmagalur, in his evidence has stated, claimant has sustained fracture of maxilla in lefort 2 and lefort 3 i.e. both maxilla i.e. right and left and he also states, claimant requires Rs. 35,000/- towards reconstruction of the sinus and has suffered disability of 35 to 40%.
P.W. 3 - Dr. Kishore Chandra Prasad who is an ENT Specialist, working at Wenlock Hospital, Mangalore, in his evidence has stated injury sustained by the claimant is a fracture of maxillary region, he underwent surgery for the eyes. He also stated that plates were inserted in the maxillary region and it should be removed later and claimant requires Rs. 35,000/- to Rs. 40,000/- towards future medical expenses and claimant has suffered disability of 20%.
Considering two major fractures sustained by the claimant, a sum of Rs. 35,000/- is awarded towards pain and suffering as against Rs. 20,000/- awarded by the Tribunal under this head.
Claimant has produced bills for Rs. 18,969/- and was treated as inpatient for 20 days on three occasions in Wenlock Hospital, Mangalore and Mangala Hospital, Mangalore. Considering the same, Rs. 20,000/- awarded by the Tribunal towards medical expenses, Rs. 10,000/- towards transportation, Rs. 10,000/- towards attendant charges and Rs. 10,000/- towards food and nourishment are Just and proper and there is no scope for enhancement under these heads.
The Tribunal considering the claimant is a student and doctor has stated he has suffered disability of 20% has rightly awarded Rs. 50,000/- towards loss of amenities. Therefore, there is no scope for enhancement.
Considering nature of injuries sustained by the claimant a sum of Rs. 40,000/- is awarded towards future medical expenses as against Rs. 30,000/- awarded by the Tribunal under this head.
Thus the claimant is entitled for the following compensation:
Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified to the extent stated herein above. The claimant is entitled for additional compensation of Rs. 25,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation. The Insurance Co. is directed to deposit the additional compensation amount with interest, within two months from the date of receipt of a copy of this judgment, and the same is ordered to be released in favour of the claimant.
No order as to costs.