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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. 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 08.08.2008 due to rash and negligent riding of TVS Suzuki bearing registration No. KA 06 K 9906 by its rider and liability of the insurer of the said vehicle, the only point that remains for my consideration in the appeal is:
Whether quantum of 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 proper, it is on the lower side and therefore it is deserved to be enhanced.
As per wound certificate Ex. P 5 claimant has sustained the following injuries:
i) fracture left temporal mastoid and occipital bone;
ii) Traumatic intra cerebral bleeding left frontal region;
iii) cerebral edema.
Injuries sustained by him are also evident from discharge summaries Ex. P 6, case sheet Ex. P 16 and also supported by oral evidence of the claimant and the doctor examined as P.Ws 1 and 2 respectively. The doctor has stated the claimant has suffered disability of 45% to whole body and he is suffering from loss of memory, giddiness and headache.
Considering the nature of injuries and treatment taken by the claimant Rs. 45,000/- is awarded towards pain and suffering as against Rs. 40,000/- awarded by the Tribunal.
As Rs. 66,000/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant for Rs. 65,750/- as per Ex. P 7 and P 8, there is no scope for enhancement under this head.
Claimant was treated as inpatient for 12 days in Baptist Hospital and Mallige Medical Centre. Considering the same Rs. 12,000/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
The claimant was minor and aged about 16 years at the time of accident and he was looked after by his parents during the period of treatment and rest. Considering the same Rs. 6,000/- awarded by the Tribunal towards inconvenience caused to his parents during laid up period is just and proper and there is no scope for enhancement under this head.
Considering the disability stated by the doctor and an amount of discomfort the claimant has to under go in his future life Rs. 20,000/- awarded by the Tribunal towards loss of amenities is just and proper and there is no scope for enhancement under this head.
Admittedly, the claimant is a minor aged about 16 years. The Tribunal considering the same has rightly awarded Rs. 27,200/- towards loss of future income and there is no scope for enhancement under this head.
Considering head injury sustained by the claimant a sum of Rs. 10,000/- is awarded towards future medical expenses.
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 an additional compensation of Rs. 15,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation. The Insurance Company is directed to deposit the additional compensation amount together 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.