GOVINDARAJU, S/O. BYATARAYAPPA Vs. M.D. HANEEF AND THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., JAYADEVA HOSTEL COMPLEX. B H ROAD, TIPTUR TOWN, TUMKUR

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Although the appeal is listed in the orders list, it is heard, admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.

(2.) AS there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 26.06.2004 due to rash and negligent driving of Tractor bearing registration No. KA -33 -T -1863 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is: Whether compensation of Rs. 50,236/ -with interest al 6% p.a. awarded by the Tribunal is just and proper or does it call for enhancement? As per wound certificate Ex. P4, claimant has sustained the following injuries:

(3.) CONSIDERING the nature of injuries and treatment taken by the claimant, Rs. 20,000/ - is awarded towards pain and suffering as against Rs. 15,000/ - awarded by the Tribunal.