R T SHARANAPPA Vs. V BABU

JUDGEMENT

(1.) this is a claimant's appeal against the award made by the motor accidents claims tribunal, chitradurga in mvc 332/86. The award is dated 8th december, 1989.

(2.) when the appellant-petitioner was travelling on 22-12-1985 from chitradurga to hiriyur in lorry bearing registration mark mtt 6161 along with 10 bags of ragi for sale, the said lorry, while crossing the bridge at pallavanahalli, collided with another lorry bearing registration mark tmm 3199. As a result of that accident, he suffered injuries to his shoulder and left ribs. His wounds required suitures and his shoulder was in plaster. He was taken to the district hospital, chitradurga, where he was inpatient for one month. He spent Rs. 5,000/- for his treatment. He claimed that the accident was due to the rash and negligent driving of the lorry bearing registration mark tmm 3199. He, therefore, claimed a sum of Rs. 50,000/- as damages for pain, suffering and injuries.

(3.) the medical evidence established that he was admitted on 22-12-1985 and was referred to p.w.2 Dr. Shankarappa on 24-12-1985 for treatment of injuries on his left shoulder and chest. X-ray of the left shoulder and chest were taken. They showed fracture of acromial process of left scapula and fracture of 4th rib on the left side. He was treated and he was advised to come for follow up treatment as an out patient. In other words, he clearly established that he was in the hospital for a period of one month. Subsequently, the doctor found there was mild limitation of left shoulder. He was examined on 2-12-1988 i.e. nearly 3 years after the occurrence of the accident. He found there was stiffness in the left shoulder. Further examination revealed that there was some limitation in the movement of the left shoulder. He estimated the disability on that account to be about 5 per cent.