INDIRA Vs. BABU PRAKASH

JUDGEMENT

(1.) THE main appeal in MFA.No.8273/2010 and connected appeals in M.F.A.Nos.8274 and 8275 of 2010 have arisen out of the common judgment in MVC.Nos.1501/2008, 1502/2008 and 1503/2008, which were pending on the file of the Additional Senior Civil Judge and MACT, Puttur, D.K. District. All these claimants had sustained injuries in a road traffic accident that occurred on 07.07.2008, while traveling in a Auto Rikshaw bearing registration No.KA 21/A -986.

(2.) CLAIMANT Smt.Indira has been awarded Rs.26,000/ - as total compensation. Claimant Ashraf has been awarded Rs.1,40,000/ - and claimant Smt.Ayesha has been awarded a sum of Rs.34,650/ -. In all these cases 6% interest per annum has been awarded on the above compensation from the date of petition till realization. The impugned order is dated 23.02.2010. All these petitions have been filed on the ground that the compensation awarded is grossly inadequate.

(3.) CLAIMANT Indira was treated at Mahaveer Medical Centre in Puttur and Ex.P.126 is the medical record summoned from the medical center. She had sustained fracture of inferior of right fubic bone, fracture of superior of right fubic bone and fracture of L% of lumber spinal and was admitted on 07.07.2008 and discharged after two days. Exs.P.6 to P.19 are the medical bills. A sum of Rs.3,000/ - has been awarded as medical expenses and a sum of Rs.22,000/ - is awarded under the head 'pain and sufferings'. It is on the lower side. In view of the three fractures sustained by her awarding a sum of Rs.35,000/ - towards the head 'pain and sufferings' would meet the ends of justice and Rs.5,000/ - is awarded towards medical expenses since she had sustained three fractures.