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Judgment
Huluvadi G. Ramesh, J.—This appeal by the claimant seeking enhancement of compensation is against the award passed by the learned I Addl. Senior Civil Judge & MACT-V, Davanagere, in MVC. No. 859/2008, dated 2nd August 2010. It is the case of the claimant that on 16.6.2008 at about 1.15 p.m. near Shriramagondanahalli on Davanagere-Channagiri road, when the claimant was proceeding on a TVS motorbike bearing registration No. KA-17/L-6444 along with pillion rider, at that time, the driver of tractor-trailer bearing registration No. KA-17/T-6144-45 came from Davanagere side in a rash and negligent manner and dashed against the claimant. Due to the impact, claimant, as well as, pillion rider sustained grievous injuries. As such, claimant filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the insurer, the Tribunal after raising as many as eight issues and by holding that the accident was due to negligent driving by the driver of the tractor-trailer, awarded compensation of Rs. 1,13,000/- with interest at the rate of 7% p.a. from the date of petition till the date of realisation. Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.
According to the learned counsel for the appellant, the compensation awarded by the Tribunal is on the lower side and accordingly, sought enhancement of compensation.
The learned counsel appearing for the respondent insurer has submitted that compensation awarded is just and proper and the same does not call for interference and accordingly, sought dismissal of the appeal. As per the wound certificate Ex. P-6 issued by Bapuji Hospital, Davanagere, claimant is shown to have sustained as many as three injuries, out of which, one is grievous and other two injuries are simple in nature and there is said to be fracture of frontal bone of the head and metacarpal bones of right hand. It is further seen that the claimant had suffered injuries on his shoulder and spine, but however no fracture is noticed. There is also said to be cerebral edema. Taking all these facts into consideration, the Tribunal has awarded compensation of Rs. 1,13,000/- under the following heads:
In view of the injuries suffered by the claimant, the amount awarded by the Tribunal towards pain and suffering and loss of future income is on the higher side. Hence, there is no scope for enhancement of compensation.
Therefore, while modifying the judgment and award passed in MVC. No. 859/2008, dated 2nd August 2010, the claimant/appellant is awarded compensation of Rs. 1,13,000/- with interest at the rate of 6% p.a. instead of interest at 7% p.a. as awarded by the Tribunal from the date of petition till the date of realization.
Though the learned counsel for the insurer contended that the driver of the offending vehicle was not possessing valid driving licence, no appeal is filed nor any documents are produced in this regard. In view of the same, the respondent-insurance company is liable to pay compensation. Accordingly, the respondent-issuer shall deposit the compensation within three months from the date of receipt of copy of this judgment.
Appeal is disposed of.