SUBALAXMI Vs. DHARMAPAL

JUDGEMENT

(1.) THIS appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the Fast Track Court, Mangalore, in MVC. No. 112/2010.

(2.) IT is the case of the claimant that on 8.10.2009 at about 8.00 p.m. when she was travelling in an auto rickshaw bearing registration No. KA -21 -8713 from Mukve side towards Puttur, a Maruthi car bearing registration No. KA -21 -P -4008 came in a rash and negligent manner and dashed against the autorickshaw due to which, she sustained grievous injuries. Immediately she was shifted to Mahaveera Hospital, Puttur and thereafter to Tejaswini Hospital, Mangalore where she took treatment as inpatient up to 21.10.2009. As such, claimant filed claim petition before the Tribunal seeking compensation.

(3.) AS per the wound certificate, claimant has sustained tenderness over L -3 -L4 area on the back and is unable to move the lower limbs. The X -ray of L -2 spine discloses fracture dislocation of L3 -L4. It is stated that rod has been fixed. Having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs. 10,000/ - towards loss of amenities and enjoyment in life, Rs. 15,000/ - towards incidental expenses, Rs. 15,000/ - towards loss of future earning due to disability and Rs. 10,000/ - towards future medical expenses. Thus, in all the claimant is entitled to compensation of Rs. 50,000/ - over and above the compensation awarded by the Tribunal. Out of which, Rs. 40,000/ - shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. The impugned judgment and award passed by the Tribunal is modified accordingly. The insurer to deposit the amount within three months. However, the claimant is not entitled to interest on the enhanced amount for the delay period.