Nanjamma vs H Jagadeesh Reddy and The Divisional Manager The National insurance Co. Ltd.

Huluvadi G. Ramesh

This appeal is by the claimant, seeking enhancement of compensation, as against the award passed by the Civil Judge (Sr.Dn.) and Addl. MACT, Holalkere in MVC No. 154/2011. Claimant has sustained injuries in the accident occurred on 20.1.2011 around 4.30 p.m. when she was traveling in a bus bearing No.KA 16 A 9905 wherein the driver of the said bus drove in a negligent manner near the house of Ankalappara Ajjappa, due to which, she was thrown out of the bus and sustained fracture of the superior and inferior rame of the left pelvis. In the claim petition filed, the Tribunal, having held that accident was due to the negligence on the part of the driver of the bus in question, has awarded a total compensation of Rs. 1,02,450/- on the following heads:

Pain and agony

Rs. 36,000/-

Medical expenses

Rs. 2,050/-

Loss of amenities

Rs. 59,400/-

Loss of income, rest and nourishment

Rs. 3,000/-

Miscellaneous

Rs. 2,000/-

Being not satisfied, this appeal is filed.

Heard. Claimant was first treated at B. Durga Government Hospital and thereafter, at C.J. Hospital, Davanagere. X-ray discloses that she has sustained fracture of the left pelvis. The disability is assessed at 30% to the particular limb and she was inpatient for 12 days. The Tribunal has misconstrued and awarded Rs. 59,400/- on the head loss of amenities, which amount is awarded towards loss of future earning due to disability. However, claimant could be awarded another Rs. 10,000/- towards medical expenses; Rs. 25,000/- towards loss of amenities; another Rs. 10,000/- towards loss of earning during the period of treatment and rest and another Rs. 8,000/- towards loss of future earning. Thus, claimant would be entitled for another Rs. 53,000/- 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.