Compensation for grievous injuries must be just and reasonable, reflecting the severity of the injuries and necessary expenses.

This appeal is filed by the claimant aggrieved by the judgment and award dated 07.06.2017 passed in M.V.C. No.484 of 2014 on the file of the Addl. Motor Accidents Claims Tribunal and Additional Senior Civil Judge, Ramanagara, whereby, the Tribunal awarded a sum of Rs.4,54,200/- as compensation.

2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

3. The claim petition was filed seeking compensation of Rs.15 lakhs on account of the injuries sustained by the claimant in the road traffic accident that took place on 07.07.2014 at about 8:00 p.m. It is the case of the claimant that he was riding the motorcycle bearing registration No.KA 42-J-7911 from Madarasabaradoddi to Ramanagara, when he reached Dyaravasegowdanadoddi Cross, Hallimala, the driver of JCB bearing registration No. KA-42-M-4673 drove the same in a rash and negligent manner and dashed against the motorcycle of the claimant, hence, the claimant sustained grievous injuries and was shifted to St. John Hospital, Bengaluru and thereafter, shifted to Hosmat Hospital, Bengaluru for higher treatment, wherein X-rays were taken and the Doctor noticed fracture of unstable right knee (dislocation of right knee). He has undergone surgery in the hospital and was discharged with an advice for follow up treatment.

4. The Tribunal considering the evidence on record at Exs.P1 to P.17 and considering the oral evidence of PWs.1 and 2, awarded a total compensation of Rs.4,54,200/-.

5. Learned counsel for the appellant/claimant submits that the Tribunal has failed to consider the injury sustained by the claimant and the amount that were spent towards treatment. The injury sustained by the claimant is grevious in nature and the Tribunal has failed to grant reasonable amount for the said injury. He further submitted that the compensation that was granted by the Tribunal was not reasonable one. Further, the Tribunal has not at all granted any compensation under the head 'loss of amenities'. Hence, he prayed to allow the appeal. 6. Learned counsel for respondent No.2/Insurance Company submits that the Tribunal considering the medical evidence as well as oral evidence and other exhibits has reasonably granted the compensation. He further submitted that no grounds are made out for seeking enhancement of compensation.

7. As there is no dispute regarding the injuries sustained by the claimant in a road traffic accident that occurred on 07.07.2014 due to rash and negligent driving of JCB bearing registration No.KA-42-M-4673, by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:

“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”

8. After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence, it is required to be enhanced.

9. As per Ex.P5-Wound Certificate, the claimant sustained fracture of right knee. As per opinion of the Doctor, the injury mentioned in Ex.P5 is grevious in nature. The claimant was initially treated at St. John Hospital, Bengaluru and then shifted to Hosmat Hospital, Bengaluru, wherein he was treated as in-patient from 08.07.2014 to 10.07.2014. The injury sustained and treatment taken by the claimant is also supported by the oral evidence of the claimant and the Doctor, who were examined as PWs.1 and 2, respectively.

10. In this case, the Tribunal has observed that the claimant sustained grevious injury. For a grievous injury, as per settled law, the claimant is entitled for compensation of Rs.40,000/-, towards "pain and suffering". The Tribunal has granted an amount of Rs.10,000/- which is not reasonable one. Hence, an additional amount of Rs.40,000/- is granted under the head 'pain and suf