A. ISMAIL , AMEENA W/O A. ISMAIL AND ASSINAR S/O. LATE AISMAIL Vs. MOHIDDIN S/O AHAMED, HARIVINDRA SINGH, ORIENTAL INSURANCE CO. LTD. AND MOHAMMAD IBRAHIM BEARY S/O IBRAHEIM BEARY

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and award dated 20.07.2004 passed in MVC No. 654/1998 on the file of the Principal Civil Judge (Sr. Dn.) and Additional MACT, Udupi (heroinaftar referred to as Tribunal' for brevity). The Tribunal by its impugned judgment and award awarded a sum of Rs. 7,488/ - with 8% interest per annum from the date of petition till the date of realisation. Being aggrieved by the quantum of compensation awarded by the Tribunal, the claimants have presented this appeal seeking enhancement of compensation.

(2.) THE occurrence of the accident and resultant death of the deceased are not in dispute. The deceased was admitted for about three days and undergone treatment as inpatient and he has produced the medical bills for Rs. 6,788/ - and they might have spent reasonable amount towards conveyance, nourishing food and attendant charges. This aspect of the matter has not been looked into nor considered properly by the Tribunal and awarded meagre compensation of Rs. 7,488/ -towards medical bilk and other conventional heads.

(3.) LEARNED Counsel for the parties at the outset fairly submitted that it would be just and proper if another Rs. 20,000/ - is awarded, in addition to what has been awarded by the Tribunal. The said submission is placed on record.