Smt. Lalitha C. S. vs The Managing Director, B.M.T.C. Shanthinagar, Bengaluru and another

L. Narayana Swamy, J. - With the consent of learned counsel appearing for the parties, the appeal is heard and disposed of finally.

This appeal is filed by the claimant seeking enhancement of compensation for the injuries suffered by her in the road traffic accident occurred on 31-7-2010, while she was riding in her Honda Activa bearing registration No. KA-02-EJ-5347 near Rajajinagar ESI hospital, a BMTC bus bearing Registration No. KA-01-F-8870 driven by its driver in a rash and negligent manner dashed against the Honda Activa, due to the impact, the claimant fell down and sustained grievous injuries. The injuries suffered by her are deformity of distal inter proximal joint of grate toe, Abrasion over right side face 1 cm lateral to eye for 3 x 3 Cms and Abrasion over posterior aspect of right shoulder for 10 x 8 fracture of both bones of left leg.

Considering the case of the appellant-claimant the Tribunal has awarded a global compensation of Rs. 25,000/- with interest at 6% per annum from the date of petition till the date of realization. Aggrieved by the same, the appellant herein is before this Court seeking enhancement of the compensation awarded by the Tribunal.

Learned counsel for the appellant submits that the Tribunal has not awarded compensation towards pain and suffering, medical expenses, disability, unhappiness and discomfort, etc., and that the Tribunal has awarded only global compensation of Rs. 25,000/- which is too meager. Hence, the same may be enhanced by modifying the judgment and requests to allow this appeal.

Per contra, the learned counsel appearing for the respondent inter alia, contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on record and therefore he prayed for dismissal of the appeal.

I have heard the learned counsel for both the parties. I have gone through the records placed before me.

After considering the submissions made by the learned counsel appearing for the appellant and learned counsel appearing for the respondent and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal has awarded only global compensation of Rs. 25,000/- with interest at 6% per annum from the date of petition till realisation which is too meager and error committed by the Tribunal.

Though the appellant has not produced any evidence of the doctor to appreciate whether the injured has suffered fracture, for the purpose of awarding compensation and to meet the ends of justice, I am inclined to award additional global compensation of Rs. 50,000/- which shall carry interest @ 6%.

Accordingly, appeal is allowed in part.