C.K. SHIVANNA S/O. LATE KEMPAIAH Vs. MUBASHAHIRA JABIN W/O. BASHA SAB, MAJOR NO. 140, TANJAVOOR MOHALLA KUNIGAL TOWN TUMKUR DISTRICT

JUDGEMENT

(1.) THE appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injury sustained in the motor accident has filed this appeal seeking enhancement. The facts reveal that on 3.12.2009 at about 3.30 p.m. the appellant was standing infront of Taluk Office on the left side of NH. 48 road. At that time, an auto rickshaw bearing Reg. No. KA -06 -B -6466 driven in a rash and negligent manner cams and bit the appellant and thereby, he sustained the fracture of right clavicle and also fracture of right hummers in addition to other two simple injuries. He was treated in a hospital and he suffered disability, hence claimed compensation. After recording the evidence the Tribunal held actionable negligence on the part of driver of the auto and granted compensation of Rs. 1,14,300/ - with interest at 6% p.a. Dissatisfied with the amount of compensation awarded, the present appeal a filed.

(2.) I have heard the learned counsel for both the parties,

(3.) AS there is no appeal by the respondent, the finding of actionable negligence has attained finality. The tribunal having considered the fracture of right clavicle and fracture of right humans lateral 1/3rd clavicle with other two other injuries has granted compensation of Rs. 43,000/ - towards pain, suffering and mental agony. The amount awarded is Just and reasonable. Even towards medical expenses it has considered Ex.P.13 and Ex.P.11 and rightly granted a sum of Rs. 16,500/ - towards medical expenses. Towards special diet, transportation etc., it has granted a sum of Rs. 10,000/ -, which appears to be just and reasonable.