PARASHURAMA S/O PUTTAMDAIAH Vs. H M SURESH KUMAR S/O MAHADEVAIAH H M 114, HEJJIGE, NANJANGUD TALUK MYSORE AND DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD DIV. OFF., MUSLIM HOSTEL COMPLEX OPP: FIRE BRIGADE, SARASWATHIPURAM MYSORE

JUDGEMENT

(1.) THIS is a claimant's appeal against, the award passed by the Addl. MACT, Srirangapatna in MVC 1012/2006 being not satisfied with the quantum of compensation awarded on 8.4.2008.

(2.) CLAIMANT , in the accident occurred on 21.7.2006 due to rash and negligent driving by the rider of the motor cycle bearing No. KA 09 ED 7115 in the evening around 8.30 p.m. fell down and sustained injuries. The Tribunal having held that the accident was due to negligence awarded a total sum of Rs.2,25,800/ - Not satisfied, claimant is before this Court.

(3.) ACCORDING to the medical evidence, there is a fracture of the right humerous and also operation has been conducted and plate and screws have been inserted during July 2006. Under the head Pain and Suffering Rs.20,000/ - has been awarded and another Rs.20,000/ - could he awarded having regard to the injury and pain and suffering endeavored. An amount of Rs.2,300/ - has been awarded under the head Attendant Charges and another Rs.5,000/ - is awarded under that head. Claimant has been awarded Rs.7,500/ - towards medical expenses. Having regard to the nature of the injuries and the operation undergone, another Rs.10,000/ - has been awarded under this head. For diet, conveyance and nourishment, Rs.3,000/ - is awarded and another Rs.10.000/ - is awarded under this head. On the head - loss of earning during treatment period, Rs.6,000/ - is awarded, which is just and proper. So far as disability is concerned, the Tribunal has taken the disability at 30% to the whole body. The evidence of the doctor is, there is permanent disability to the extent of 60% to the upper limb and to the whole body it is at 30% which appears to be on the higher side. Claimant has been awarded Rs. 1,62,000/ - on the head loss of future earning capacity. Under the head loss of amenities. Rs. 15,000/ - has been awarded and another Rs.5,000/ - is awarded under this head. Rs.10,000/ - has been awarded towards future medical expenses. The claimant is present before the Court and as could be seen, his right tipper limb has become crippled and he cannot lift weight and use the right hand for any work. Thus, the claimant would be entitled for another Rs.50,000/ - over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. The insurer shall deposit the amount in there months.