MOUNESH Vs. MUNNA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 28.7.2012 in MVC No. 196/2011 on the file of Addl. District Judge and MACT, Raichur.

(2.) IN a motor vehicle accident that occurred on 22.11.2009, at about 5.30 a.m., the appellant -claimant sustained fracture of scapula and injury over his face. He was shifted to Government Hospital, Lingsugur and for further treatment, he was shifted to Shivakrupa hospital, Hubli, where he was treated as inpatient from 23.11.2009 to 29.11.2009. He spent substantial amount for his treatment, he lost his earnings during the period of treatment and even after best treatment, he suffered disability. He filed claim petition under Section 166 of the M.V. Act. The claim petition was seriously contested by the insurer of the offending vehicle. It came up for consideration before the tribunal. The tribunal on appreciation of evidence while recording a finding as to the negligence on the part of the driver of the offending vehicle, awarded a total compensation of Rs. 1,17,565/ - together with 6% interest thereon. The claimant not satisfied with the quantum of compensation awarded by the tribunal preferred this appeal.

(3.) FROM Ex -P4 wound certificate, it is evident that the claimant sustained fracture of scapula and injuries over his face. He was initially treated in Lingsugur Government Hospital and thereafter he was shifted to Shivakrupa Hospital, Hubli, where he was treated as inpatient for about seven days. He took treatment from Orthopedic Surgeon for the fracture of scapula and from Dentist for his facial injuries. The tribunal upon consideration of the injuries, nature of treatment and the period of hospitalisation awarded a sum of Rs. 20,000/ - towards 'injury, pain and suffering', which appears to be on the lower side. Since he had fracture of scapula and fracture of medial and lateral walls of right orbit, that he underwent wound debridement and suturing under General anesthesia on 22.11.2009, I deem it just and proper to award a sum of Rs. 35,000/ - under the head 'injury, pain and suffering' as against Rs. 20,000/ - awarded by the tribunal.