ASARA FATIMA Vs. G. SELVAM AND ORS.

JUDGEMENT

(1.) MFA No. 30600/2012, MFA No. 30601/2012 and MFA No. 30599/2012 arise out of the common judgment and award dated 20.12.2011 in MVC No. 1296/2009; MVC No. 1295/2009; and MVC No. 1294/2009 respectively of the Motor Accident Claims Tribunal No. IV, Bijapur (for short 'the MACT'), filed by the claimants for higher compensation.

(2.) The claimant/appellant in MFA No. 30600/2012 suffered injury in the nature of lacerated wound from glabellar region down the nose 4 x 1 cm with CT scan showing fracture of nasal bones and anterior wall of left maxillary sinus, in the accident that occurred on 04.05.2009 at about 6:00 a.m. while travelling in Maruti Car bearing No. KA -03/MK -6497, when dashed by the lorry bearing No. TN -28/S -9878 driven in a rash and negligent manner in the opposite direction. Claimant, before the MACT examined P.W. 5 - Dr. S.S. Bedar, who spoke to the disability suffered by the claimant on the basis of the report of the Radiologist, Ex. P. 26, the x -ray films Ex. P25 and opined that the claimant suffered 20% to 22% disability. Claimant was examined as P.W. 3 and testified to the fact of working as Senior Software Engineer in M. Phasis Ltd. and E.D.S. Company, Bangalore, earning Rs. 25,000/ - per month. The treatment at Kovai Medical Centre and Hospital Ltd., of Coimbatore, it is stated, claimant incurred expenses as setout in the medical bill Ex. P19 50% of which was paid by the employer and the balance was Rs. 11,302/ -.

(3.) The MACT having regard to the aforesaid material determining the following compensation: