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Judgment
Subhash B. Adi, J.—s is claimant''s appeal seeking enhancement of compensation in respect of judgment and award in M.V.C. No. 862/2007 dated 30th May 2008 on the file of M.A.C.T., Udupi.
Claimant suffered an injury in a road accident that occurred on 6.6.2007 at about 06:15 hours. It is alleged that she was travelling in a bus bearing registration No. KA-09/M-9469 from Udupi towards Yermal. When the bus reached near Pangala bridge on N.H.17 of Uligargoli village, on account of the rash and negligent driving of the bus by its driver, it collided with the another bus bearing No. KA-19/B-6156, as a result of which, the claimant suffered grievous injury and admitted to the hospital.
The claim petition was resisted by the insurer. However, the Tribunal on the basis of the evidence found that the claimant has established the accident and has also established that the actionable negligence on the part of the Respondent - driver and further held that the claimant is entitled for compensation.
The evidence as per Ex.P38 discloses that the claimant was aged 50 years and has suffered Haematoma over forehead and pubic symphysis diastosis. Injury No. 1 was simple in nature and injury No. 2 is grievous in nature. Considering these circumstances, the Tribunal has awarded Rs. 25,000/- towards pain and suffering; Rs. 1,500/- towards conveyance; Rs. 2,000/- towards attendant and nourishing food; Rs. 6,400/- towards medical expenses and Rs. 9,000/- towards loss of income during treatment and Rs. 10,000/- towards loss of amenities.
There is no evidence as regard to the disability is concerned nor there is any fracture. Tribunal considering these circumstances has reasonably granted compensation on pain and suffering, medical expenses. Insofar as loss of amenities and conveyance, attendant charges and nourishing food is concerned, I find that the claimant is entitled for little more compensation. Accordingly, towards conveyance, nourishing food, another Rs. 6,500/- is granted and also Rs. 5,000/- on the loss of amenities. In all, Rs. 11,500/- is enhanced over and above the compensation with interest awarded by the Tribunal.