Shankaregowda vs Marchegawda

A.S. Pachhapure

Though the mailer is listed for admission, with the consent of the counsel for both the parties, the matter is taken up for final disposal. The appellant dissatisfied with the amount of compensation awarded by the Tribunal has filed this appeal seeking enhancement.

The facts reveal that on 6.12.2008 at abut 2.30 p.m., when the appellant was returning back after visiting Temple on Arsikere Road near the burial ground, the Tractor and trailer bearing Reg.No.KA-13-A-1667-1668 driven in a rash and negligent manner came and hit the appellant, as a result of which he sustained a fracture of left humerus. He was treated in the hospital. He claims to have suffered disability and in the circumstances sought for compensation. The case of the appellant was clubbed with another case and common evidence was led. The appellant was examined as PW. 1 and the doctor PW.3 and the documents Exs.P. 1 to P.24 were marked. No evidence was led by the respondents. The Tribunal after hearing the parties and on appreciation of the material on record granted compensation of Rs. 1,08.800/- in total under all the heads. Dissatisfied with the amount of compensation, the present appeal has been filed.

I have heard the learned counsel for both the parties. The point that arises for my consideration is:

Whether the appellant is entitled for enhanced compensation? If so, to what extent?

Undisputedly, the appellant has suffered fracture of left humerus. The Tribunal has granted compensation of Rs.15.000/-for pain, suffering and mental agony. I think that this is on the lower side and the appellant is entitled to an additional sum of Rs. 10,000/- under this head.

Considering the income of the appellant at Rs.3,500/-and the disability at 7% to the whole body, it granted compensation of Rs.44,100/-. Though it appears that the assessment of the income is on the lower side, as the disability to the whole body was considered as 1/3 instead of 1/4, I do not think that there is any necessity to enhance the compensation for loss of future income.

The Tribunal has granted just compensation for medical expenses, loss of amenities and also for conveyance, nourishment and attendant charges.

The healing of the fracture requires a period of about three months. The Tribunal granted Rs.3,500/- as loss of income during the period of treatment and it has to be enhanced by another sum of Rs.7,000/-. So, taking into consideration the abovesaid circumstances, the appellant is entitled to an additional sum of Rs. 17.000/- with interest at 6% p.a. from the date of petition till its payment. Hence, I answer the point in affirmative and proceed to pass the following:

ORDER

The appeal is allowed in part. In addition to the compensation amount of Rs. 1,08,800/- awarded by the Tribunal, the appellant is entitled to an additional compensation of Rs. 17,000/- with interest at 6% p.a. from the date of petition till payment. The award is modified accordingly.