MALLAPPA THALLUR S/O YELLAPPA E. THALLUR Vs. SRI KISHORE KUMAR S/O BAPTIST FERNANDIS, SENIOR MANAGER, KIOCL, KUDREMUKH KALASA HOBLI AND THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., PANAMBUR BRANCH

JUDGEMENT

(1.) 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.

(2.) I have heard the learned Counsel for the parties.

(3.) 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.