Court upheld the tribunal's findings on compensation for injuries sustained in a road traffic accident, emphasizing the necessity of factual support in judgments.

ORAL JUDGMENT

The appellant/claimant, being aggrieved by the judgment and award dated 24.12.2020 passed in M.V.C.No.509/2015 by the III Additional District and Sessions Judge and Member, Additional MACT, Ramanagara, has preferred this appeal.

2. According to the claimant/appellant, he sustained road traffic accidental injuries on 01.09.2015 at 08.00 p.m. when he was returning home in a Maxi Cab vehicle bearing registration No.KA-09-6914 along with others. It is alleged that, the driver of the said Cab was rash and negligent in driving the vehicle. In the said accident, he sustained fracture of metacarpal bones of his right hand besides abrasions. He was admitted to BGS Hospital, Ramanagara and incurred expenses of Rs.2,00,000/- towards medical charges. He has not completely recovered. Before the tribunal, both the respondents remained absent, and they were placed ex-parte.

3. The learned tribunal, on recording evidence of the claimant/appellant, held that, the said accident had taken place because of the rash and negligent driving of a Maxi Cab driver and further held that, the claimant is entitled for a global compensation of Rs.35,000/- in all towards pain and agony, medical expenses and other charges.

4. Evidently, in this case, though the claimant asserts that, he has suffered fracture of his metacarpal bone, he has not examined the doctor who has treated him. He has produced just a Wound Certificate. So far as the accident is concerned, he has produced the FIR, complaint, charge sheet, IMV report and spot mahazar. The respondent No. 2 is not denying the said accident. Being aggrieved by the findings of the tribunal, no separate appeal is preferred by the Insurance Company, perhaps considering the findings with regard to the rash and negligent driving of the said Maxi Cab driver, owned by respondent No. 1 and insured with respondent No. 2. Only based upon the Wound Certificate, the tribunal has come to the conclusion that, the claimant is entitled for a compensation of Rs.35,000/- with interest.

5. On perusal of the findings of the tribunal, it shows that, this claimant has suffered fracture of his right 4^th/5th metacarpals. This fact is not disputed by the respondents. In view of the injuries so sustained by the claimant, the tribunal has awarded Rs.20,000/- towards pain and suffering and minimum medical expenses at Rs.10,000/- and also Rs.5,000/- towards traveling expenses.

6. On perusal of the impugned judgment, as the doctor was not examined by the tribunal to show the actual injuries and disability alleged to have been sustained by the claimant, I do not find any factual error committed by the tribunal in awarding such compensation. Therefore, it is just and proper to uphold the findings of the tribunal with regard to the award of the compensation at Rs.35,000/- in all, being a global compensation. Though the counsel for the respondents submits that, the compensation is on the higher side, but as the claimant has sustained the fracture of his right 4^th/5^th metacarpals, he must have suffered physically, mentally and financially. Therefore, no interference is required in the impugned judgment and award passed by the tribunal.

7. Accordingly, the following:

ORDER

(i) The appeal is dismissed, upholding the award of compensation of Rs. 35,000/- with interest at 6% per annum from the date of petition till realization.

(ii) The impugned judgment and award dated

24.12.2020 passed in M.V.C.No.509/2015 by the III Additional District and Sessions Judge and Member, Additional MACT, Ramanagara, is hereby confirmed.

(iii) The respondent No.2 is directed to deposit the compensation amount within 6 weeks from the date of the judgment.

(iv) As the amount awarded is very meager, it shall be released to the claimant/appellant with due i