KUM H.R. REKHA RAO Vs. PRASANNA G. KULKARNI AND THE ORIENTAL INSURANCE COMPANY LTD. BY ITS GENERAL BRANCH MANAGER

JUDGEMENT

(1.) THE claimant is in appeal seeking enhancement of compensation. Pursuant to the judgment and award under appeal, the Tribunal has awarded a sum of Rs. 35,000/ - and the Respondents 1 and 2 are made liable to pay the said compensation jointly and severally.

(2.) WE notice that the appeal is by the claimant, inasmuch as neither the insurer nor the insured have questioned the judgment and award either on actionable negligence or on determination of compensation.

(3.) INDEED we notice that the claimant has suffered an injury. It is also not in dispute that immediately after the accident, she was admitted to Malathi Memorial Hospital for having suffered the injuries. She was an inpatient from 10.5.2004 to 14.5.2004, that is for a period of 5 days. After discharge, she was adviced to take rest at her residence and to visit the hospital for follow -up treatment. She would certainly claim that she is not in a position to get up or sit down or attend to her day -to -day life and she has engaged the services of a nurse and she is paying a sum of Rs. 2,000/ - per month. The doctor is examined as PW2 and he has treated the claimant who was examined as PW1. During the course of his deposition, he would state that the claimant does not suffer from any residual disability and she can involve herself in day -to -day work. He has also admitted in his evidence that before coming to the hospital, the claimant was not able sit, stand or walk and after the treatment she has become physically fit. We notice that claimant has suffered fracture of tail bone which is known as coccyx and there is dislocation of 2nd and 3rd pieces of coccyx with accurate angulation. Coccyx is a triangular bone. It consists of four tiny bones fused together. Coccygodynia is a pain in the region of coccyx. It usually begins after a direct fall striking a hard surface. Local heat may give relief. In prolonged severe disability surgical removal is the choice. In the case on hand we notice that the claimant has not undergone any such treatment. Even the doctor would depose that there is no residual permanent disability and she is physically fit.