VINAY KUMAR S/O SAMPANGI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THOUGH the matter is listed for orders this day, by consent of both the sides, the appeal is heard on merits.

(2.) IN this appeal, the appellant � claimant has sought for enhancement of compensation being dissatisfied with the quantum of compensation awarded by the Tribunal towards personal injuries sustained by him in the motor vehicle accident. There is no serious dispute as to the accident occurring as a result of B.M.T.C. Bus in question dashing against the motor cycle ridden by the appellant from behind, resulting in grievous injuries to the appellant. The Tribunal after assessing the evidence has recorded an affirmative finding on issue No.1 regarding actionable negligence and has held that the accident was due to negligence of the driver of the bus. The respondent has not questioned the said finding recorded by the Tribunal, as such it has become final.

(3.) THE evidence on record has clearly established that in the accident the appellant suffered grade II comminuted fracture of super condylar right femur with inter condyle extension as well as head injury with mild odema with bilateral frontal lobe contusion apart from lacerated wounds over the right hip. THE evidence on record also further establishes that the appellant was treated as inpatient in St.John's Medical College Hospital, Bangalore, for a period of 31 days. During that period, he has also undergone surgery with in-plants for reduction of fracture. Having regard to the injuries suffered by the appellant, duration and nature of the treatment and as also postoperative trauma undergone by the appellant, in my opinion, the compensation of Rs.30,000/- awarded towards pain and suffering is on the lower side and it deserves to be enhanced. In my opinion, the interest of the justice would be met by enhancing the compensation under this head by another Rs.10,000/-.