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2009 DIGILAW 259 (KAR)

Lagumakka v. Oriental Insurance Company Limited, Bangalore

2009-04-01

A.S.PACHHAPURE, N.KUMAR

body2009
Judgment : N. Kumar, J. This is a claimant's appeal seeking enhancement of compensation for the injuries sustained by her in a motor vehicle accident. 2. The claimant-Smt. Lagumakka while walking by the side of the road to bring grass to cow near Bodagur Village Gate, Sidlaghatta Taluk, a Suzuki motor cycle bearing registration No. KA-04-EB-9847 driven in a rash and negligent manner by its rider dashed against her. On account of the accident she sustained grievous injuries like fracture of left neck of femur and fracture of right hand. She was admitted to the Government Hospital at Sidlaghatta and Government Hospital at Chickballapur. It was her case that, she was an agricultural coolie and was earning Rs.80/-per day from coolie work. She was also rearing cow and by vending milk she was earning Rs.50/-per day. Therefore, she filed the claim petition seeking a compensation of Rs.4,00,000/-for the injuries sustained by her in the motor vehicle accident. 3. After service of notice, the Insurance Company filed a detailed written statement denying the liability. They admitted the accident and the insurance coverage. 4. The Tribunal framed issues. Claimant examined herself as PW.1. She produced six documents which were marked as Exs. P1 to P6. On behalf of the respondents no evidence was adduced. 5. The Tribunal on consideration of the aforesaid oral and documentary evidence on record held that the accident was on account of the rash and negligent driving by the driver of the motor cycle and thus she has established actionable negligence. It took note of the fact that she sustained two fractures, she was admitted to the hospital and she was unable to resume to work for nearly three months. Taking her income at Rs.100/-per day it awarded a sum of Rs.20,000/-towards pain and suffering; Rs.5,000/-towards medical, attendant charges, food and nourishing expenses and Rs.9,000/-towards loss of income during the period of treatment. Thus, in all a sum of Rs.34,000/-was awarded. Aggrieved by the said award, the appellant has preferred this appeal. 6. Learned Counsel for the appellant assailing the impugned award contends that, the award of Rs.20,000/-under the heading pain and suffering is on the lower side, when admittedly the accident resulted in two fractures. The award of Rs.5,000/-towards medical, attendant charges, food and nourishing expenses is also on the lower side. 6. Learned Counsel for the appellant assailing the impugned award contends that, the award of Rs.20,000/-under the heading pain and suffering is on the lower side, when admittedly the accident resulted in two fractures. The award of Rs.5,000/-towards medical, attendant charges, food and nourishing expenses is also on the lower side. She could not attend to work for nearly six months and only Rs.9,000/-awarded towards loss of income during the period of treatment is inadequate. No amount is awarded towards loss of amenities and, therefore, he submits the compensation requires to be enhanced. 7. Per contra, the learned Counsel for the insurance Company supported the impugned award. 8. From the material on record it is clear that the claimant was aged 55 years on the date of the accident. She is an agricultural labourer. She was also vending milk. She sustained two fractures in the accident which took place on 9.11.2003. She was an inpatient in the Government Hospital at Shidlaghatta and thereafter in the Government Hospital at Chickaballapur. In view of the nature of the fracture she could not have resumed her agricultural work for nearly a period of six months. Under these circumstances, we are of the view that under the heading pain and suffering the claimant is entitled to an additional amount of Rs.10,000/-, an additional amount of Rs.10,000/-under the heading medical, attendant charges, food and nourishing expenses; an additional amount of Rs.9,000/-towards loss of income during the period of treatment and a sum of Rs.10,000/-towards loss of amenities. Thus, the claimant would be entitled to a sum of Rs.39,000/-in addition to what has been awarded by the Tribunal, which can be rounded off to Rs.40,000/-. Hence, we pass the following order: .(a) Appeal is allowed in part. .(b) In addition to what has been awarded by the Tribunal, the claimant is entitled to a sum of Rs.40,000/-with interest at 6% p.a. from the date of petition till the date of payment.