SURENDRA RAO, S/O BANDALAH Vs. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., NO. 47, GOPAL COMPLEX, 2ND FLOOR, BAZAAR STREET, YESHWANTHPUR, BANGALORE - 560022 AND SRI M.K. SHIVASHANKAR M/S. MALLIKARJUNA TRANSPORT, NO.1, A.V. ROAD, CH

JUDGEMENT

(1.) AGGRIEVED by the Judgment and award dated 10 -4 -2007 passed by the Member, Motor Accident Claims Tribunal -V. Bangalore City, in MVC.No.3083/2005 the claimant has filed the present appeal seeking enhancement. The case of the claimant is that he was injured in an accident that took place on 16 -4 -2006 at about 6.00 a.m. due to the rash and negligent driving of the Van bearing Registration No.KA -01 -A -4733. He underwent treatment at Sagar Apollo Hospital. He has sustained injuries, namely, swelling over the left knee and abrasion over the lateral aspect of the knee and the restriction of movement of left knee. He was treated as inpatient for two days. Thereafter he filed a claim Petition. On contest the Tribunal awarded a global compensation of Rs. 12,000/ -with interest at 6% per annum. Seeking enhancement the present appeal is filed.

(2.) THE injuries suffered by the claimant is a swelling over the left knee and abrasion over the left lateral aspect of the knee. He has claimed a sum of Rs.5,992/ - in terms of the Medical bills vide Ex.P -7, which has been granted. The Doctor who treated the claimant has not been examined. There is no material to show as to how the claimant could be in hospital for two days for a mere swelling and abrasion over the body. The Tribunal by considering the wound certificate - Ex.P -5, has awarded a global compensation of Rs.12,000/ - along with interest at 6% per annum including the amount of Rs.5,952/ -towards medical expenses I find no error that calls for interference. The amount awarded is just and reasonable. The appeal is dismissed.