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Judgment
16 paragraphs · 432 wordsHon''ble Dr. Justice K. Bhakthavatsala
Learned Counsel appearing for the appellant/claimant submits that though the claimant sustained fracture of right femur and interior pubic rami [R], the Tribunal has awarded meager compensation of Rs. 30,000/- towards pain and sufferings and Rs. 315/- towards medical expenses. He prays for enhancement of compensation.
Perused the impugned judgment.
It is the case of the claimant that he sustained grievous injuries in the motor accident that occurred on 5.12.2005. He filed a claim petition against the KSRTC., claiming compensation of Rs. 3 lakhs.
In support of the case of the claimant he got himself examined as PW. 1 and got marked the documents at Exs. P1 to P17. Respondents have not adduced any rebuttal evidence.
The Tribunal has awarded compensation of Rs. 30,315/- along with costs and interest at the rate of 6% p.a. in favour of the claimant and against the respondent/Corporation.
As per Ex. P7/Wound Certificate, the claimant sustained the following injuries:
(a) Cut lacerated wound over right temporal regional;
(b) Cut lacerated wound over anterior and lower part of left leg;
(c) Abrasion over the dorsum of left foot;
(d) Tenderness + Swelling/restricted movement of right arm - of right humerus; and
(e) Tenderness over right hip at lower 3rd right humerus and pelvis.
X-ray showed fracture of right femur and fracture of interior pubic rami right side. The claimant has not examined the medical officer to establish that he sustained any permanent disablement on account of the injuries sustained by him in the motor accident. According to the medical officer, injury Nos. 4 and 5 are grievous in nature. The claimant has produced 5 medical bills in all amounting to Rs. 315/-. It is stated that the claimant was treated in Siddartha Medical Hospital as inpatient for 20 days. The claimant was 9 years old at the time of accident.
Keeping in view the fracture of right femur and fracture of interior pubic rami right side, it would meet the ends of justice, if global compensation of Rs. 1 lakh is awarded. Thus, the claimant is entitled for additional compensation of Rs. 69,685/- [1,00,000 -30,315].
In the result, the appeal is partly allowed holding that the appellant is entitled for additional compensation of Rs. 69,685/- along with costs and interest at the rate of 6% p.a. from the date of petition till realisation. Accordingly, the Impugned judgment and Award are modified.
Respondent/KSRTC. is directed to deposit the enhanced compensation amount along with the costs and interest with the Tribunal within three months from today.