Sri Shailesh vs Sri Ganesh Poojary and Others

Huluvadi G. Ramesh

The claimant is before this court seeking enhancement of compensation awarded by the Fast Track Court & MACT, Kundapura in MVC 1419/2007 on 22.3.2011.

Claim petition was filed stating that the claimant sustained grievous injuries in the accident on 21.10.2007 on NH 17 near Manoor Village of Udupi Taluk due to dashing against the claimant by the rider of motor cycle bearing No. KA 20 K 3400 due to which, claimant has suffered permanent disability. After inquiry, the Tribunal having held that the accident was due to the negligence of the rider of the motor cycle, awarded compensation of Rs. 79,000/- with interest at the rate of 6% on Rs. 70,000/- Net satisfied, claimant has come up in appeal.

Heard the counsel representing the parties.

As per the wound certificate, claimant has suffered fracture of the right hand and disability is assessed at 15%. to the upper limb and 8% to the whole body. Claimant is a police constable. On the following heads, the claimant has been awarded compensation:

Pain & agony

Rs. 20,000/-

Medical Expenses, conveyance, Special diet, nourishment and

Rs. 40,000/-

Attendant charges

Future loss of income

Rs. 10,000/-

Further medical expenses

Rs. 9,000/-

In my opinion, claimant could be awarded another 10,000/-towards pain and suffering. So far as loss of amenities is concerned, claimant is independently entitled-for another Rs. 10,000/-. Treating the amount awarded as Rs. 10,000/- as the same for loss of income during the period of treatment, claimant would be entitled for another Rs. 10,000/-towards diet, ''conveyance and attendant charges. Thus, the claimant is entitled for Rs. 30,000/- compensation over and above what has been awarded by the Tribunal which shall carry interest at the rate of 6% from the date of petition till deposit.

Appeal is allowed in part. Insurer to deposit the amount in three months.

Mr. K K Vasanth to file vakalath for the 2nd respondent in four weeks.