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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement.
The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience, parties are referred to as they are referred to in the claim petition before the Tribunal.
Brief facts of the case are:
That on 7-9-05 when the claimant was playing by the side of the road, near Anjaneya Swamy temple at Yeliyur, a motor cycle bearing registration No. KA-11-K-8414 came in a rash and negligent manner and dashed against him. As a result, he fell down and sustained injuries. Hence, a claim petition was filed before the MACT, Mandya, seeking compensation of Rs. 4,95,000/-. The Tribunal awarded him a sum of Rs. 37,900/- with interest at 8% p.a from the date of claim petition till the date of payment.
As there is no dispute regarding injuries sustained by the claimant in a motor road accident and the liability of the Insurance Co., the only point that arises for consideration in this appeal is:
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
The learned Counsel appearing for the claimant submits, considering the nature of injuries and duration of treatment, the compensation awarded by the Tribunal is on the lower side. Therefore, he prays for allowing the appeal and enhancing the compensation.
Per contra, the learned Counsel appearing for the Insurance Co. submits, the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement and he prays for dismissal of the appeal.
After hearing the learned Counsel appearing for the parties and perusing the judgment and award of the Tribunal. I am of the view that the compensation awarded by the Tribunal is on the lower side and therefore, it is deserved to be enhanced.
The claimant has sustained fracture of shaft of right femur, as evident from the wound certificate - Ex. P.5 and supported by the oral evidence of the father of the claimant and the doctor examined as P.Ws. 1 and 3 respectively. He was treated as inpatient from 8-9-05 to 22-9-05 for about 15 days in Government Hospital, Mandya.
Considering the nature of injuries, Rs. 35,000/- awarded by the Tribunal towards pain and sufferings is just and proper and it does not require enhancement.
Rs. 1,900/- awarded by the Tribunal towards medical expenses is based on the medical bills produced by the claimant and hence, there is no scope for enhancement under this head.
Considering the duration of treatment, Rs. 1,000/- awarded by the Tribunal towards conveyance, nourishment and attendant charges is on the lower side and it is deserved to be enhanced by another Rs. 9,000/-and I award a sum of Rs. 10,000/- under this head.
P.W.3, doctor has stated that the claimant has suffered permanent physical disability of 30% to limb. Since, the claimant is a young boy aged about 8 years, question of awarding compensation either towards loss of income during laid up period or future loss of income does not arise. But the claimant has to bear with the disability, inconvenience and discomfort throughout his life. Considering the same, I deem it just and proper to award a sum of Rs. 30,000/- towards loss of amenities and disability.
Accordingly, the appeal is allowed in part. Judgment and award of the Tribunal is modified. The claimant is entitled to an enhanced/additional compensation of Rs. 39,000/-, with interest at 6% p.a. on the enhanced compensation from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the compensation amount with interest within two months from the date of receipt of a copy of the award.
The enhanced compensation with proportionate interest is ordered to be deposited in Fixed Deposit in any Nationalised or Scheduled bank in the name of the minor claimant, till he attains majority.
No order as to costs.