S.R. CHANNAPPA S/O SRI. RANGAPPA GOWDA Vs. SRI. DEVENDRAPPA S/O SRI. JATTAPA AND THE ORIENTAL INSURANCE CO. LTD. BY ITS MANAGER

JUDGEMENT

(1.) THIS is a claimant's appeal. Claim petition filed under Section 166 of Motor Vehicle Act 1988, was allowed in part. Compensation of Rs. 32,493/ - with Interest at 6% p.a. was awarded Dissatisfied with the amount awarded and contending the same to be not just, this appeal has been preferred for awarding just compensation.

(2.) CLAIMANT has deposed as PW.1. Dr. Sharathkumar Rao is PW.2. Exs.P1 to P13 have been marked. For respondents RW.1 was examined and Exs.R1 to R8 were marked. On appreciation of the evidence, it was found by the Motor Accident Claims Tribunal that, the claimant has sustained injuries on account of actionable wrong on the part of the driver of the offending vehicle and hence, the said compensation was awarded.

(3.) WHILE awarding compensation, though tribunal has noticed Ex.P6, but has not awarded the amount of medical expenses incurred thereunder. Ex.P6 is the inpatient bill issued by Kasturba hospital. There is no dispute that, claimant after sustaining injuries in the accident, was admitted in Kasturba hospital on 28.12.2001 and after treatment was discharged on 14.1.2002. He has paid Rs. 32,876/ -. Non awarding of the amount paid under Ex.P6 thereunder by the tribunal is erroneous. The appellant is entitled for reimbursement of the amount spent under Ex.P6.