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Judgment
Huluvadi G. Ramesh
This appeal is by the claimant seeking enhancement of compensation, as against the award passed by the III Addl. Senior Civil Judge and MACT, Mangalore, D.K. in MVC No. 1546/2010. On 1.8.2010 around 1.30 p.m., when the claimant was proceeding in a Maruti Omni car bearing No.KA 19 Z 6259 along with his friend and when they went near Mahindra showroom at Kottara Chowki, Mangalore on N.H. 17, due to the negligence of the driver of the said car, he lost control and dashed the car to a roadside culvert as a result, the vehicle capsized and due to the impact, claimant sustained grievous injuries. He was shifted to A.J. Hospital, Kuntikana and was hospiltalised for 21 days. He was earning Rs. 25,000/- per month. The Tribunal, having held that accident was due to the negligence of the driver of the Maruti Omni in question, has awarded a total compensation of Rs. 2,12,700/- on the following heads:
Medical expenses
Rs. 1,17,500/-
Pain and suffering
Rs. 30,000/-
Amenities
Rs. 30,000/-
Conveyance charges
Rs. 2,000/-
Loss of income during treatment
Rs. 27,000/-
Food, extra nourishment and attendant charges
Rs. 6,200/-
Being not satisfied, this appeal is filed.
Heard. As per the medical evidence, claimant has sustained fracture of left tibia and dislocation of right metatarsal bone. Claimant could be awarded another Rs. 10,000/- on the head pain and suffering another Rs. 10,000/- on the head diet, conveyance and attendant charges; another Rs. 8,000/- on the head incidental expenses and another Rs. 10,000/- towards loss of amenities and enjoyment in life. Having regard to the nature of avocation, claimant is not entitled for any amount towards loss of future earning due to disability. Thus, claimant would be entitled for Rs. 38,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit Insurer to deposit the amount in three months.
Appeal is allowed in part.