IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 22” day of August 2011 Before THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA Miscellaneous First Appeal No. 23213/2010 (MV) BETWEEN: Kum. Afasana Altaf Mulla, Age: 16 years, 0cc: Student, M/g Father Altaf Abdulrahim Mulla, Age: 35 years, 0cc: Agriculture, R/o Gandhinagar, Belgaum. .APPELLANT (BY SRI. K.S.MALAVI, ADVOCATE) AND: 1. Mr. Ranjitsingh Venkatsirigh Rajaput, Age: Major, 0cc: Not Known, R/o 7th Lane, Shivaji Nagar, Belgaum. 2. The Divisional Manager. National Insurance Co. Ltd., By its Divisional Office, Ramdev Galli, Belgaum. 3. Mr. Nizam Mugutsab Alankar, R/o 192, Vishnu Galli, Dhamane Road, Vadagon, Belgaum. 4. The Divisional Manager, New India Assurance Co. Ltd., 2 Divisional Office Club Road. BeIaum. RESPONDENTS (BY SRI, S.C. JAINER. ADV. FOR R4.) THIS MISCELLANEOUS FIRST APPEAL IS FILED C\DER EC lION Li’3(1) OF THE \IO1OR \EHICLIZS ACT AGAINST THE iUDGMENT AND AWARD DATED 31 .03.2OOF PASSED IN MVC NO.864/2004, ON THE FILE OF THE PRESIDING OFFICER FAST TRACK COURT I & MEMBER ADDITIONAL M.A.C.T. BELGAUM AT BELGAUM. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal along with an application under Section 5 of the Limitation Act for condoning delay of 33 days in filing the appeal. 2. I have heard the learned counsel for the appellant and perused the judcnient and award of the Tribunal. :3: 3. The claimant is aged about 11 years at the time of accident. As per wound certificate Ex.P7 she has sustained following injuries: I .Abrasion on lateral aspect of right elbow 2. Abrasion on anterior aspect of right eye 3. Contusion of right zygoma 4. Lacerated wound on left side chest upper part 4. Follow-up card Ex.Pl4discloses she has sustained the fracture of clavicle bone of the left side in addition to contusion injury to her right zygoma. She has admitted to District Hospital, Belgaum for treatment on 23.4.2004 and discharged on 6.5.2004. She was provided with conservative treatment. PW.2 Dr.S.R.Angadi has stated in his evidence that claimant has suffered fracture of mid shaft of the left clavicle bone with sub coetaneous emphysema and she has suffered permanent physical disability to the extent of 25% to left shoulder joint due to fracture of left clavicle bone. Sr :4: 5. Considering the same. Rs.30,000/- awarded by the Tribunal towards pain and suffering is just and proper and there is no scope for enhancement. 6. In the absence of production of medical bills, Rs.5,000/- awarded by the Tribunal towards medical expenses is just and proper and there is no scope for enhancement. 7. Considering she was treated in the Govt. Hospital Rs. 1,500/- awarded towards attendant charges, Rs. I ,500/- awarded towards nourishment and special died and Rs.2,000/- awarded towards conveyance are just and proper and they do not require enhancement. 8. Considering the nature of injuries and disability stated by the Doctor and an amount of discomfort and unhappiness she has to undergo in her future life, a sum of Rs.25.000/- is awarded towards loss of amenities as against Rs.5.000/- awarded by the Tribunal. a 0 Considering nattire of injuries a sum of Rs.5,000 is as arded toi ards futurc mc dical and incidental expenses 10. Thus. thc.. claimant is entitled for the follo ing compensation Pain and suffering Rs 30.000/ Medical expenses Rs.05,000/ Incidental expenses Rs.05.000/ Loss of amenities and Rs 25.000/ Discomfort FutuI e medical and Rs.05,000/ Incidental expenses Total Rs.70,000/ 11. Accordmgl the appeal is allowed in part and the judgment and award of rflbunal is modified The claimant is entitled for a total compensation of Rs.70.000 as against Rs.45.000/ awarded k’ the Tribunal with interest at 6 p.a. on the enhanced a- S.25O( 1’ compensation of from the date of claim petition till th& date of realisaiion 1 2. The Insurance Compan\ is directed to deposit the enham ed (ompensation amount with interest ai h P.A. within two months from the clHte of receipt of a cop\ of this judament. 1 3. Oul of the enhanced compensation a sum of Rs,25.OOC) with proportionate intereSt 15 ordered to be inxested in P.D, in an nationalized or scheduled bank in the nam of the claimant br a period of nine \ ears with a right of option for her to renew the deposit from time to time withdraw interest periodicalh and the remaining amount with proportionate interest is ordered to bc released in faour of the father of the claimant. o order as to costs. sap 3UDGE Bs -ct:b\g