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2003 DIGILAW 508 (KAR)

HABEEB JAN v. MANAGING DIRECTOR, K. S. R. T. C. , BANGALORE

2003-06-30

K.L.MANJUNATH

body2003
K. L. MANJUNATH, J. ( 1 ) THE appellant presented a claim petition on account of injuries sustained by her in a road traffic accident. Claim of the petitioner has been rejected by the Tribunal on the ground that the injuries sustained by her are trivial in nature and therefore, she is not entitled for the compensation. The said judgment and award is called in question in this appeal. ( 2 ) THE accident is not in dispute. The nature of injury sustained by the appellant is also not disputed. She has suffered a simple injury over the front of upper l/3rd of right leg. Ex. P. 25 is the wound certificate produced by her which has been issued by the Government General hospital, Tiptur. It is also her case that, she has taken treatment at tumkur General Hospital. The simple question that arise for consideration of this Court in this appeal is whether in such a case the claimant is entitled for compensation. ( 3 ) ADMITTEDLY, claimant had sustained a simple injury and has taken treatment at Government General Hospital at Tiptur and General hospital at Tumkur. Though no bills were produced, the fact that she had sustained injuries is not in dispute. She has suffered pain and injury for few days and she was made to spend some amount for her treatment, both at Government General Hospital at Tiptur and Government hospital at Tumkur. Therefore, in the circumstances of the case, this Court is of the opinion that the claimant is entitled to for the compensation and that the Tribunal should not have dismissed the claim petition solely on the ground that the claimant did not examine the doctor or has not placed any material to show that she had spent the amount towards medical expenses. In the circumstances, this Court is of the opinion that the judgment and award passed by the Tribunal is liable to be set aside. Then, the next question that arise for consideration is whether the claimant is entitled for the compensation. If so, to what extent? In the circumstances, this Court is of the opinion that the judgment and award passed by the Tribunal is liable to be set aside. Then, the next question that arise for consideration is whether the claimant is entitled for the compensation. If so, to what extent? ( 4 ) CONSIDERING the nature of evidence adduced by the claimant and the nature of injuries sustained by her, since no material is placed before the Court to show the amounts spent by her towards the medical expenses, this Court is of the opinion that the ends of justice would be met if a compensation of Rs. 3,000/- is awarded to the claimant. ( 5 ) IN the result, the appeal is allowed. The judgment and award passed by the Tribunal is set aside. The appellant-claimant is entitled for compensation of Rs. 3,000/- with interest at the rate of 6% p. a. from the date of petition till the date of realisation. --- *** --- .