Sri Mallappa Thallur vs Sri Kishore Kumar and The Branch Manager, National Insurance Co. Ltd., Panambur Branch

S. Abdul Nazeer, J.—This appeal is directed against the judgment and award in MVC No. 626/04 dated 19.11.07 on the file of Prl. District Judge and Motor Accidents Claims Tribunal, Chickmagalur. The appellant was the claimant, respondent No. 1 was the owner of the offending vehicle and respondent No. 3 was its insurer. There is no dispute as to the occurrence of the accident and the liability of the third respondent-Insurance company to pay the compensation. The appellant has filed this appeal seeking enhancement of compensation.

I have heard the learned Counsel for the parties.

Learned Counsel for the appellant would contend that the claimant was hospitalised for two month. The Tribunal has not awarded any amount towards incidental expenses, such as conveyance, food and nourishment etc.. It is further argued that the Tribunal has not awarded any amount towards loss of amenities. On the other hand, learned Advocates appearing for the respondents have sought to justify the impugned judgment and award.

It is evident from the wound certificate that the claimant had suffered two fractures, a laceration and an abrasion. Ex.P17 is the disability certificate, according to which, the claimant had suffered fractures at the right tibia and fibula. The Tribunal has awarded a total sum of Rs. 60,000/- towards compensation. As rightly submitted by the learned Counsel for the appellant, the claimant was hospitalised for two months. The Tribunal has not awarded any amount towards conveyance, nourishment and attendant charges. Having re-appreciated the evidence on record, I am of the view that, it is just and reasonable to award an additional sum of Rs. 15,000/- towards compensation.

In the result, the appeal succeeds and it is accordingly, allowed in pan. The third respondent-Insurance Company is directed to deposit a sum of Rs. 15,000/- with interest at 6% per annum from the date of application till the date of deposit in addition to what has been awarded by the Tribunal within a period of eight weeks from today. The Tribunal is directed to disburse the amount to the appellant-claimant on such deposit. No costs.