RATNAWWA Vs. KARABASSAPPA

JUDGEMENT

(1.) THIS appeal is by the claimant seeking for enhancement of compensation against the award passed by the Civil Judge (Sr.Dn.) & M.A.C.T., Harihar, in M.V.C. No. 252/2006.

(2.) ON 9.7.2007 the claimant and one more person was travelling as passenger in a Tempo bearing No. KA.27/4034, at about 10.30 am. when the vehicle was near Dandagihalli on Halageri -Rattihalli road, due to rash and negligent driving of driver of the tempo, it dashed against the lorry bearing No. CNU 8756 from behind. Due to the impact, the inmates of the Tempo sustained injuries. First, the claimant was treated at C.G. Hospital at Davangere and also took treatment at private hospital. In the claim petition filed for compensation, the matter being contested by the insurer, the Tribunal raised as many as six issues for consideration, while answering issue No. 1 that the accident was due to the negligence on the part of driver of the tempo in question, awarded a total compensation of Rs. 43,000/ - on the following heads:

(3.) THE claimant was 28 years old as on the date of accident. As per the certificate issued by C.G. Hospital, Davangere, there is fracture of lower end of tibia, swelling and deformity around left lower leg, abrasion over right forearm of size 3 x 2 cms. and the doctor has opined that injury No. 1 is grievous in nature. As per the doctor's evidence, there is said to be deformity in the left leg. X -ray discloses fracture of lower 3"* of tibia and fibula. It is opined that there is 40% permanent physical disability. However, in the cross examination it is admitted that there is mentioning of some other details which is not found in the wound certificate. It is also admitted that there is no fracture of tibia. Ex.P16 is the wound certificate, which it shows that there is fracture of both tibia and fibula. Having regard to the nature of injuries and treatment, taking the disability around 12%, claimant would be awarded Rs. 20,000/ - towards loss of amenities and enjoyment in life, another R. 10,000/ - towards loss of earning during laid up period, another Rs. 85,000/ - towards loss of future earnings. Thus, claimant is entitled for Rs. 1,15,000/ -over and above what has been awarded by the Tribunal with interest @ 6% p.a. from the date of petition till deposit. Insurer to deposit the amount within three month.