Sreenivasa vs A.R. Sreedhara Murthy and The Oriental Insurance Co. Ltd.

K. Ananda, J.—The matter is listed for admission. Lower Court records are received. With the consent of learned Counsel for parties, it is taken up for final disposal.

This is a claimant''s appeal for enhancement of compensation.

Heard Sri Patel D. Karegowda, learned Counsel for claimant and Smt. Geetha, learned Counsel appearing for Sri V. Narayana Swamy, learned Counsel for Insurance Company.

As per the wound certificate, claimant had suffered following injuries:

1) Lacerated injuries on the root of the nose

2) Lacerated wound on medial side of eye left side

3) Lacerated wound over the temporal region

4) Swelling over the left supra orbital

The claimant was treated in Siddartha Medical College Hospital. The claimant has not produced the case records and discharge summary. The claimant did not examine the Doctor to prove the severity of injuries.

The tribunal has awarded compensation of Rs. 8,130/- under following heads:

1) Pain and suffering Rs. 3,000/-

2) Medical expenditure Rs. 1,130/-

3) Loss of earning during laid up period Rs. 1,500/-

4) Attendant and nourishing food Rs. 500/-

5) Loss of comforts Rs. 2,000/-

Total Rs. 8,130/ -

At the time of accident, claimant was aged about 26 years. He has produced the driving licence to show that he was a driver of a light transport vehicle. The tribunal has not adequately compensated the claimant towards loss of amenities'' and loss of earning during laid up period''. The compensation awarded by the tribunal towards ''medical expenditure'', ''attendant, food and nourishment charges'' is also inadequate.

Thus, I modify the compensation awarded by the tribunal as under;

1) Pain and suffering Rs. 10,000/-

2) Medical expenditure, attendant & nourishment charges Rs. 5,000/-

3) Loss of earning during laid up period Rs. 6,000/-

4) Loss of amenities. Rs. 10,000/-

Total Rs. 31,000/-

Thus, claimant is entitled to total compensation of Rs. 31,000/-

In the result, I pass the following order:

The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 8,130/- awarded by the tribunal is enhanced to Rs. 31,000/- with interest at &% p.a. front the date of petition till the date of realisation. The payment and investment shall be in the ratio evolved by the tribunal Parties are directed to bear their costs.