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Judgment
S.N. Satyanarayana
The claimant in MVC No. 7719/2005 on the file of the III Additional Judge, Court of Small Causes, Member, MACT, Bangalore, has come up in this appeal for enhancement of compensation.
Brief facts leading to this appeal are as under:
The claimant met with an accident on 20.10.2005 at about 3.30 p.m. at Varthur Main Road, near Airport Police Station Cross Road, Bangalore, due to rash and negligent driving of the rider of the motorcycle bearing No. KA-03-ER-8810 while claimant was travelling on scooter bearing No. KA-03-EE-4685 and sustained fracture of right clavicle, diffuse axonal injury, right multiple rib fracture.
It is not in dispute that the claimant was in hospital for two days i.e. from 20.10.2005 to 22.10.2005 for treatment. In that behalf, he spent Rs. 17,800/- towards medical expenses.
In the claim petition, claimant adduced oral and documentary evidence in support of his claim. On appreciation of pleadings and evidence on record, the Tribunal accepted the accident and injury suffered by the claimant. Accordingly, compensation was awarded in a sum of Rs. 10,000/- towards pain and agony, Rs. 20,000/- towards medical expenses, conveyance, nourishment and other charges, Rs. 10,000/- towards loss of amenities and enjoyment of life and Rs. 15,000/ towards future treatment and loss of income during the treatment period. Being aggrieved by the quantum of compensation awarded the claimant has come up in this appeal seeking enhancement of the same.
On going through the appeal and also the findings of the Tribunal, in the background of the pleadings and evidence available on record, it is clearly seen that the claimant has established that the accident has taken place due to rash and negligent driving of the 2nd respondent and that the injury suffered by him has caused considerable amount of pain and suffering and also discomfort resulting in admitting him to hospital for two days and thereafter he has attended follow-up treatment once in a week for three months, by engaging an auto by paying Rs. 100/- per visit. If this is taken for consideration, the compensation awarded for pain and agony at Rs. 10,000/- is on lower side and the same is required to be enhanced by another Rs. 10,000/- . Similarly, the compensation awarded towards loss of amenities and enjoyment of life at Rs. 10,000/- is also on lower side and the same is required to be enhanced by another Rs. 20,000/- .
Accordingly, the appeal tiled by the claimant is allowed and the compensation awarded to him is enhanced by Rs. 30,000/- payable with interest at 6% p.a., from the date of petition till the date of deposit of additional compensation i.e. within eight weeks from the date of receipt of certified copy of this order. Accordingly, the appeal is allowed in part.