This appeal is at the instance of the claimant seeking

enhancement of compensation awarded under judgment

and award dated 18.06.2010 in MVC No.772/2009 by the

learned FTC-II and Addl. MACT, Belgaum (for short,

‘Tribunal’). By the said judgment and award, the learned

Tribunal awarded a total compensation of Rs.1,24,640/-

with interest thereon at 6% per annum from the date of

petition till date of payment.

2.

Brief facts insofar as the same are necessary for

the purpose of adjudicating the present appeal are that on

6.2.2009 at about 6.45 p.m., when the claimant/appellant

was walking by the side of road, offending Tata Indica Car

bearing registration No.MH-02/MA-4022 being driven by

it’s driver in a rash and negligent manner and in high

speed dashed against her resulting in grievous injuries to

her.

3.

Before the learned Tribunal, owner of the

offending car remained exparte and the Insurance

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Company resisted the claim petition by filing it’s written

statement.

4.

During trial, the claimant examined herself as

PW1 and she examined a Medical Expert as PW2 and

Exs.P1 to P13 were marked. Respondent-Insurance

Company did not examine any witness; but Ex.R1-policy of

insurance was marked.

5.

The only contention advanced by the learned

counsel

for

the

appellant/claimant

is

regarding

insufficiency

of

the

compensation

awarded

and

in

particular, quantum of compensation assessed by the

learned Tribunal under the head of loss of earning

capacity. Learned counsel drew my attention to the

elaborate medical records produced, inter-alia, Ex.P5-

Wound Certificate, Ex.P9-Discharge Summary and Ex.P12-

Disability Certificate and the oral evidence of PW1 and

PW2. He, therefore, submitted that the compensation

awarded by the learned Tribunal is liable to be enhanced.

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6.

Learned counsel for the Insurance Company,

per contra, contended that the learned Tribunal having

appreciated the entire evidence placed before it has

awarded just and reasonable compensation and therefore,

there is no merit in this appeal and the same is liable to be

dismissed.

7.

I have given my careful consideration to the

submissions made on both sides and perused the records.

8.

In regard to the nature of injuries suffered by

the claimant, Ex.P5-Wound Certificate, Ex.P9-Discharge

Summary and Ex.P12-Disability Certificate are relevant to

be considered. Ex.P5-Wound Certificate reads as under:

i)

Bone deep laceration (+) over the medial aspect

of right foot extending upto base of great toe

measuring 8x5 cms

ii)

Comp. comminuted # of lower 1/3^rd of tibia (rt

side)

iii) # of 2^nd, 3^rd, 4^th and 5^th metatarsal bone (rt side)

9.

Ex.P9-Discharge Summary reads as under:

DOA:06/02/09

DOD:17/09/09

DOS:07/02/09

CLW over medial aspect of (R) foot over the base great

toe 8x5 cms tip of the #ed bone exposed through the

medial aspect of L/3^rd leg.

X-ray :- i) L/3^rd comp. commin type 1 # tibia and fibula

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ii) # 2^nd, 3^rd, 4^th and 5^th metatarsal bone

DIAGNOSIS:

1) L/3^rd comp.c comm. Type 1# tibia and fibula

2) # 2^nd, 3^rd, 4^th and 5^th metatarsal bone.

PROCEDURE:

-

CR interlocking Nailing SA

-

CR K-wiring

ADVICE:

A/k slab for (10) days followed by A/K cast for (40)

days.

Non wt bearing for 3 months.

10. The above clearly shows that the claimant had

suffered compound comminuted fracture of lower 1/3^rd of

right tibia and there were fractures of 2^nd, 3^rd, 4^th and 5^th

metatarsal bone of right foot. PW2-doctor had stated that

there was bone deep laceration over medial aspect of right

foot extended to the base great toe measuring 8x5 cms.

The above details furnished in Ex.P5-Wound Certificate

shows that the claimant had suffered a very serious

fracture of right lower leg which is weight bearing limb of

the body. This is further supported by an entry in the

Discharge Summary issued by the hospital where claimant

had taken treatment. PW2-doctor examined before the

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learned Tribunal was the one who treated the claimant in

the hospital where she had undergone treatment. In his

eviden