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2020 DIGILAW 1716 (KAR)

O. M. Roopesh v. United India Insurance Co. Ltd. , Bengalure

2020-09-04

N.S.SANJAY GOWDA

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JUDGMENT N.S.Sanjay Gowda, J. - This appeal is filed by the claimant being dissatisfied with the compensation of Rs.1,65,000/- awarded for the injuries sustained by him. 2. The fact that the accident took place and the fact that vehicle in question was insured is not in dispute. 3. The only contention advanced by the learned counsel for the appellant is that the sums awarded towards 'pain and suffering', 'loss of amenities and future happiness' and 'conveyance, nourishment etc.', are on the lower side and require to be enhanced. His further argument is that no compensation has been awarded towards 'loss of income during treatment period' and the same ought to have been awarded. 4. The learned counsel for the Insurance Company, on other hand, contended that having regard to the evidence adduced before the Tribunal, the compensation awarded was just and proper. 5. In this case the claimant had suffered avulsion fracture of the posterior region of right fibia and undisplaced fracture of lower end of fibia. The treating Doctor has not examined. The Tribunal, therefore, awarded a sum of Rs.75,000/- towards 'loss of amenities and future happiness'. The Tribunal in the absence of medical evidence, was justified in awarding a sum of Rs.75,000/- towards 'loss of amenities and future happiness'. However the Tribunal ought to have awarded a sum of Rs.75,000/- towards 'pain and suffering', having regard to the fracture suffered by the claimant. 6. Similarly, the Tribunal committed a mistake in awarding just a sum of Rs.5,000/- towards 'conveyance, nourishment etc.', in my view, an award of Rs.15,000/- on this account would serve interest of justice . 7. The Tribunal ought to have awarded compensation towards loss of income during treatment period, since admittedly, the claimant had been hospitalized due to the fracture. In my view, the claimant would be entitled for the loss of income for a period of two months which would be a sum of Rs.11,000/- by taking the income at Rs.5,500/- per month. 8. In the result, the claimant would be entitled for the following: Sl.No. Particulars Amount in (Rs.) 1. Pain and sufferings 75,000 2. Medical expenses 25,000 3. Conveyance, nourishment etc., 15,000 4. Loss of amenities and future happiness 75,000 7. Loss of income during treatment period 11,000 Total 2,01,000 9. The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till its realization. Pain and sufferings 75,000 2. Medical expenses 25,000 3. Conveyance, nourishment etc., 15,000 4. Loss of amenities and future happiness 75,000 7. Loss of income during treatment period 11,000 Total 2,01,000 9. The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till its realization. The Insurance Company is directed to deposit the enhanced compensation within two months from the date of receipt of a copy of this order. Thus, the appeal is allowed in part.