Judgment : N.K. Patil, J. 1. This is a claimant's appeal against the impugned judgment and award dated 03/08/2010 passed in MVC No.1069/2006, by the VI Additional District Judge and Motor Accident Claims Tribunal, Mysore, ( for short 'Tribunal'), for enhancement of compensation. 2. By its judgment and award, the Tribunal has awarded a sum of Rs.34,800/-under different heads with interest at 6% 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.21,10,000/-, on account of the injuries sustained by him in the road traffic accident. 3. In brief, the facts of the case are: The appellant claims to be aged about 24 years at the time of the accident. He was hale and healthy prior to the accident. That at about 5.45 p.m., on 15.1.2006, near Varakodu Paper Mill turning on Mysore-T.Narasipura road, when he was travelling from Varuna Gate towards T. Narasipura in a bus bearing Reg.No.KA.11.A.3333, the driver of the bus drove the same in a rash and negligent manner and took right turn abruptly and as a result, the front door of the bus was opened and he was thrown out and fell down and sustained injuries. Immediately, he was taken to General Hospital, T. Narasipura and thereafter, he was shifted to K.R. Hospital, Mysore and then to Sanitarium Hospital, Mysore., where he took treatment as inpatient from 16.1.2006 to 25.1.2006 and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment. 4. It is the further case of the appellant that he spent considerable amount towards medical and other incidental charges. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents. 5. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs.34,800/-as compensation under different heads with interest at 6% p.a., from the date of petition till the date of realization. 6. Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation. 7. We have heard the learned counsel appearing for appellant. Respondents served and unrepresented. 8.
6. Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation. 7. We have heard the learned counsel appearing for appellant. Respondents served and unrepresented. 8. Learned counsel appearing for the appellant submitted that the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings and what is awarded is inadequate and it requires to be enhanced, by modifying the impugned judgment and award passed by the Tribunal.. 9. After hearing the learned counsel for the appellant and after perusal of the materials available on record, including the impugned judgment and award passed by the Tribunal, it emerges that, the occurrence of the accident and the resultant injuries sustained by the appellant are not in dispute. It is also not in dispute that, appellant has sustained fracture of 5th, 6th and 7th right ribs as per Ex.P7-wound certificate. Further it emerges that, the Tribunal after assessing oral and documentary evidence, particularly, the medical bills produced by the appellant, has rightly awarded a sum of Rs.9,500/-towards medical expenses, Rs.1,300/-towards conveyance, nourishing food and attendant charges and Rs.9,000/-towards loss of income during treatment period taking the income of the petitioner at Rs.3,000/-per month for three months and . therefore, it does not call for interference. 10. However, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings and what is awarded is on lower side and it requires reconsideration. Admittedly, Ex.P7-wound certificate reveals that, appellant has sustained fracture of 5th, 6th and 7th ribs with haemo pnemo thorax and on account of which he has undergone lot of pain and agony. But, the appellant has not examined the Doctor and non examination of the Doctor will not take away the legitimate entitlement of the appellant on account of the injuries sustained by him in the accident. Taking into consideration the nature of injuries sustained by the appellant and the pain and agony suffered by him, we deem it fit to award another sum of Rs.10,000/- towards injury, pain and sufferings instead of 15,000/-awarded by the Tribunal with interest at 6% p.a., from the date of petition till its realization. 11. Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part.
11. Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 03/08/2010 passed in MVC No.1069/2006, by the VI Additional District Judge and Motor Accident Claims Tribunal, Mysore, stands modified, awarding a sum of Rs.10,000/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.. The 4th respondent-Insurer is directed to deposit the enhanced compensation of Rs.10,000/-with interest at 6% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment. Immediately on deposit by the 4th respondent-Insurer, the entire enhanced compensation with interest shall be released in favour of appellant. Draw the award, accordingly.