S SANTHOSH Vs. MUNIGOWDA

JUDGEMENT

(1.) THIS appeal is directed against the common judgment and award dated 17.10.2005 passed in MVC No.2790 of 2004 by the learned XVI Additional Judge, and Motor Accident Claims Tribunal, Bangalore City (hereinafter referred to as Tribunal for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.83,000/- with interest at 8% p.a., from the date of petition till the date of realization as against the claim made by the appellant for a sum of Rs.5,00,000/-. Being aggrieved by the said judgment and award, appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate.

(3.) AFTER perusal of the material available on record, including the judgment and award passed by the Tribunal, it is not in dispute that, in the accident which occurred on 27.03.2004 at about 4.30 p.m., the appellant has sustained fracture of medial tibia with vascular compression and punctured wound on left ankle joint and taken treatment as inpatient from 20.08.2004 to 03.04.2004 and undergone operation and implants were inserted. During the said period he might have undergone pain and agony. The Tribunal has awarded a sum of Rs.25,000/- towards pain and sufferings and the same is inadequate and requires to be modified, having regard to the nature of the injuries sustained, the nature and duration of the treatment taken by the appellant. Therefore, we deem it fit to award a sum of Rs.30,000/- instead of Rs.25,000/- awarded by the Tribunal and accordingly, it is awarded.