Sri M. Devaraju vs Sri K.B. Boraiah and The I.C.I.C.I. Lombard Insurance Co. Ltd. No. 263, Mythri Arcade Kantharajaurs Road Saraswathipuram, Mysore

Huluvadi G. Ramesh

This appeal by the claimant seeking enhancement of compensation is against the award dated 27.10.2010 passed by the Civil Judge (Sr.Dn.) and MACT, Maddur, in MVC No. 339/2008. On 7.7.2008 at about 7.30 p.m. when the claimant was going from Kilaghatta Village towards Haleboodanur on Bajaj Chetak Scooter bearing registration No.KA-05-EB-7361 with his brother and in front of KMF Diary, Gejjalagere, a Tractor and Trailor bearing registration No.KA-11-T-5664-5665 came in a rash and negligent manner from opposite direction on the wrong side of the road and dashed against the scooter of the claimant. As a result, the claimant sustained fracture of ulna of the left forearm. Immediately he was admitted to Sanjo Hospital, Mandya, and was treated for 5 days as inpatient.

In the claim petition filed, the Tribunal having held that the accident was due to the rash and negligent driving of the driver of the Tractor and Trailor in question, awarded compensation of Rs. 46,920/- on the following heads.

Pain and suffering

Rs. 5,000/-

Medical expenses

Rs. 6,000/-

Attendant charges, special diet, etc.

Rs. 2,000/-

Loss of amenities of life

Rs. 5,000/-

Loss of income during rest

Rs. 3,000/-

Loss of future earning capacity (36000*18*4/100)

Rs. 25,920/-

Total

Rs. 46,920/-

Not being satisfied, the claimant is before this Court seeking enhancement of compensation.

Heard.

As per the medical evidence, the claimant is said to have sustained fracture of left ulna and spent Rs. 20,000/- towards medical expenses. The claimant is entitled to another sum of Rs. 15,000/- is awarded towards ''pain and suffering'', another sum of Rs. 5,000/- towards ''attendant charges and diet expenses'', another sum of Rs. 5,000/- towards ''loss of amenities and enjoyment in life'', another sum of Rs. 5,000/- towards ''loss of income during laidup period''. Thus, the claimant is entitled to compensation of Rs. 30,000/- over and above the compensation awarded by the Tribunal with 6% interest from the date of petition till the date of deposit. Accordingly, the appeal is partly allowed.

The Insurer to deposit the amount within three months from the date of receipt of a copy of this order.