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1990 DIGILAW 316 (KAR)

KARNATAKA STATE ROAD TRANSPORT CORPORATION v. NINGAMNIA

1990-07-13

M.P.CHANDRAKANTARAJ, M.RAMAKRISHNA RAO

body1990
M. P. CLIANDRAKANTARAJ URS, J. ( 1 ) THIS appeal is against the Judgment and Award made in MVC No. 265/1987 on the file of the Motor Vehicles Accidents Claims Tribunal, Chickmagalur. On 26th of april, 1987 at about 6. 15 P. M. , on B. H. Road near petrol bunk in Tarikere Town, an accident took place when the K. S. R. T. C. bus bearing Registration Mark 2158 dashed against a matador van bearing Registration Mark KEY 5902 due to negligence of the respective drivers. Police registered a case in Crime No. 40/1987. ( 2 ) THE Claimant Ningamma suffered compound fracture of both the bones in the middle third of her left leg. Indeed there was a scalp injury on the head also. As there was no proper attention to the injured at Tarikere she was taken to Mysore from tarikere. At Mysore, in a private Nursing Home, P. W. 2 treated her. He gave evidence before the Court deposing that the injured was an indoor patient from 27-4-1987 to 28-5-1987. According to him, he had sustained bone fracture of both the bone in the middle third of left leg. The fracture was reduced by closed reduction. A pop cast was put on. She was kept under observation. After the wound healed up, she was discharged with pop cast. Even thereafter, for one month plaster was not removed. She was limping, according to him for about one year, injured would be feeling pain on account of the fracture. She would not be able to stand for long duration. Though he said, there was no permanent disability, it was not in dispute that the injured was prevented from attending the marriage of her daughter which took place during her stay at Nursing Home in Mysore. ( 3 ) THE Tribunal, having regard to the nature of the severe pains, she had under gone, and the nature of injury suffered by her including the long treatment at Mysore, awarded compensation in a sum of Rs. 20,000/- on account of pain and suffering. It may also be mentioned here, apart from the above facts and circumstances. Smt. Ningamma being a member of an agriculturist family was also prevented from supervising the agricultural operations as she was doing before. 20,000/- on account of pain and suffering. It may also be mentioned here, apart from the above facts and circumstances. Smt. Ningamma being a member of an agriculturist family was also prevented from supervising the agricultural operations as she was doing before. Besides her husband happened to be President of Municipal Council of Bannur Town and therefore she was bound to supervise the agricultural operations in all likelihood. Having regard to the totality of circumstances disclosed in the evidence, the Tribunal also awarded a sum of Rs. 5,000/- towards the medical expenses and that was supported by vouchers to the extent of Rs. 3,290/ -. ( 4 ) A sum of Rs. 2,000/- came to be granted by the Tribunal to wards loss caused due to want of her supervision over the agricultural operations and she having been prevented from attending marriage of her daughter. In all a small sunrof Rs. 20,000/- was awarded. ( 5 ) THE argument advanced by the learned counsel for the appellant challenging the quantum of the award determined by the Tribunal is one without any substance. We have not been persuaded to take a different view than the view taken by the tribunal in regard to quantum of award under the heading 'pain and suffering'. ( 6 ) THEREFORE, the appeal fails and is rejected. --- *** --- .