MAINODDIN Vs. MOHENDER SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant under Section 173(1) of M.V. Act is against the quantum of compensation awarded in MVC No. 413/2007 on the file of the MACT -VI, Bijapur, by judgment and award dated 14.08.2007.

(2.) IT is the case of the claimant before the Tribunal that on 16.12.2006, he was returning from Pune to Bijapur in Jeep No. MVL -3407 along with others. At that time, a Truck bearing No. HR -55/B -6423 came from Bijapur side to go towards Solapur in a rash and negligent manner and dashed against the Jeep wherein the claimant was proceeding. On account of rash and negligent driving of the truck, all the inmates of the Jeep sustained injuries including the claimant. The claimant was treated in Civil Hospital, Bijapur. He had fracture of clavicle bone. He could not attend to his work on account of accidental injuries. He filed claim petition under Section 166 of the M.V. Act. The claim petition was opposed by the insurer of the Truck. It came up for consideration before the Tribunal. The Tribunal based on the evidence placed on record awarded Rs. 20,000/ - towards injury, pain and sufferings and Rs. 40,000/ - under all other heads. Thus, the Tribunal awarded a total compensation of Rs. 60,000/ -. The claimant is not satisfied with the quantum of compensation awarded by the Tribunal. Therefore, this appeal.

(3.) THUS , having regard to the nature of injuries sustained by the claimant, he is awarded a sum of Rs. 25,000/ - under the head injury pain and sufferings as against Rs. 20,000/ - awarded by the Tribunal. Further, the Tribunal has not quantified the amount to be awarded under the various other heads such as medical expenses, loss of income during the period of treatment, attendant charges etc., However, the Tribunal has awarded a sum of Rs. 40,000/ - under the various heads. The Tribunal is expected to assign the reasons for awarding Rs. 40,000/ - under the various heads. Admittedly, he was treated in Government Hospital. Though he has stated that he had also taken treatment from a private Doctor -P.W. 5, no material is forthcoming. As such, having regard to the nature of injury and that he was treated in Government Hospital, Bijapur, he is awarded a sum of Rs. 2,000/ - under the head medical expenses taking into account that sometimes in Government Hospital the medicine is required to be purchased from outside.