J U D G M E N T
The claimant in MVC 1177/2011 dissatisfied with the quantum of compensation by the common Judgment and award dated 30.12.2011 in MVC Nos.1174/2011 and 1177/2011 of the Presiding Officer FTC-IV and Addl. MACT, Mysore, for short 'MACT', has preferred this appeal for enhancement of compensation.
2. In the accident that occurred on 25.12.2008 involving a motor vehicle belonging to 1strespondent, insured with the 3rdrespondent, the claimant, a minor aged 4, suffered fracture of the right femur mid shaft, as indicated in the wound certificate, Ex.P10 and was an inpatient from 25.12.2008 to 6.1.2009 for 13 days and once again for a day on 11.2.2009, whence `91,947/- was incurred as medical expenses as disclosed in the medical bills Exs.P11, P12 and P23. The MACT having regard to the material on record awarded `15,000/- towards pain and agony and `91,747/- towards medical treatment including medical expenses, attendant
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charges, food and nourishment and conveyance, totaling to `1,06,747/- with interest at 6% p.a. by the Judgment and award impugned.
3. It is no doubt true that the claimant is a child, aged 4, who suffered fracture of the bone and was an inpatient in the hospital for 14 days requiring an attendant, being either of the parents and therefore, the MACT was not justified in not awarding just compensation towards attendant charges, since according to the MACT, the medical bill for 13 days was `67,558/- and for one day it was `11650/-, while the medical bills and prescriptions disclose expenditure of `11,147/- which when put together is `90,355/-. In other words, the attendant charges, food and nourishment and conveyance of `1,300/- is awarded. In my considered opinion, the appellant is entitled to `10,000/- towards attendant charges, food and nourishment and conveyance charges in addition to what is awarded.
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4. The child has undergone the trauma of a broken bone and the award of `15,000/- towards pain and suffering is on the lower side and therefore, it is just and proper to award `25,000/- in addition to what is awarded.
5. There is no medical evidence to establish either scarring or disfigurement muchless permanent disability and in that view of the matter, there is no need to award compensation under the said head. In the result, this appeal is allowed in part. The Judgment and award impugned insofar as it relates to MVC 1177/2011 is modified entitling the appellant to `35,000/- with interest at 6% p.a. in addition to what is awarded and in all other respects remains unaltered. Sd/-
JUDGE
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