SHIVANANDASWAMY M B S/O BASAVAIAH Vs. THE NEW INDIA ASSURANCE CO LTD BY ITS MANAGER, D.O. XII, 672300, 1ST FLOOR, MAYURA COMPLEX NEXT TO PEENYA INDUSTRIAL ASSOCIATION BHAVAN, K.I.A.D.B MAIN ROAD, BANGALORE 58, KUMAR A S/O LATE AMMASAPPA C/O PAND

JUDGEMENT

(1.) IN a road traffic accident occurred on 21.8.2003 the claimant sustained Heel pad avulsion extending upto calcaneum bone about 15 cms in length. He as admitted as an inpatient in a Nursing Home from 21.8.2003 to 2.9.2003. Therefore he lodged a claim petition before the MACT, Bangalore in MVC No. 3624/04. The Tribunal by its order dt.25.1.2007 awarded a total compensation of Rs. 52,000/ - . Being not satisfied with the same the present appeal is filed for enhancement.

(2.) HAVING heard the Learned Counsel for the parties, we are of the view that the compensation awarded in a sum of Rs. 5,000/ - towards pain and suffering is on lower side considering the nature of injuries caused to the appellant/claimant to his right foot. Therefore, we are inclined to award a further sum of Rs. 20,000/ - under the head, pain and suffering.

(3.) IN the result, the appeal is allowed -in -part. The appellant is entitled for an enhanced compensation of Rs. 40,000/ - with Interest at 6% p.a. from the date of petition till the date of payment.