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Judgment
B. Sreenivase Gowda, J.
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
Heard, the appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience, the 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 8.4,2007 due to rash and negligent driving of the car bearing registration No. KA-02-C-847 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned Counsel appearing 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 reasonable, it is on the lower side and hence it is required to be enhanced.
The claimant has sustained Haemarthrosis of right knee. The injuries sustained by the claimant are evident from the wound certificate Ex. P-5, X-rays Exs.P-7 and 8 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively. PW-2, the doctor in his evidence has stated that the claimant has suffered, disability of 8% to the whole body.
As global compensation of Rs. 15,300/- awarded by the Tribunal for the injuries sustained by the claimant is not just and proper and therefore I reassess the same and award the following compensation.
Considering the nature of injuries, a sum of Rs. 15,000/- is awarded towards ''pain and suffering''.
In the absence of production of medical bilk regarding amount spent towards medical expenses and treatment taken, a sum of Rs. 3,000/- is awarded towards ''medical and incidental expenses''.
The claimant is a Government employee and she has not produced any documents regarding nature of leave and number of days of leave availed, hence awarding compensation under the head loss of income during laid up period does not arise.
Even after sustaining injuries, the claimant has continued his employment and there is no less of employment. Therefore, she is not entitled for compensation under the head ''loss of future income'', Nevertheless, the claimant has to bear with the disability stated by the doctor and an amount of discomfort and unhappiness in her future life, therefore a turn of Rs. 30,000/- is awarded towards ''loss of amenities and disability'' and its is awarded.
Thus, the claimant for the following compensation:
a) Pain and sufferings, Rs. 15,000
b) Medical and incidental expenses Rs. 3,000
c) Loss of (sic) and disability Rs. 30,000
Total Rs. 48,000
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 40,000/- against Rs. 15,300/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 32,500/- from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced 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 her favour.
No order as to costs.