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Judgment
Hon''ble Mr Justice Huluvadi G Ramesh
This is a claimant''s appeal against the award passed by the II Addl. District Judge / MACT III, Davangere in MVC 1147/2010 on 17.9.2011. On 18.5.2009, around 5.30 p.m. when the claimant was going to attend the marriage of her relative in the bus bearing No. KA 16 A 3945 from Konanur to Muttugadur, near Doddiginal Gate, due to tyre burst, the iron blade attached to the mudguard came in contact with the claimant as a result, she sustained severe injuries and was treated at C G Hospital, Davangere. In the claim petition, Tribunal having held that the injuries suffered was due to the negligence on the part of the driver of the bus in question, awarded total compensation of Rs. 1,24,700/- on the following heads.
Pain & suffering
Rs. 15,000/-
Medical, diet & nourishment
Rs. 18,500/-
Loss of income during treatment
Rs. 6,000/-
Loss of earning capacity
Rs. 70,200/-
Loss of amenities & enjoyment
Rs. 10,000/-
Food & nourishment
Rs. 5,000/-
Not satisfied with the compensation awarded, this appeal by the claimant.
Heard the counsel representing the parties.
Claimant has suffered fracture of both the bones of left hand and was aged about 50 years at the time of accident. As per medical evidence, the disability suffered is 25% to the left upper limb. According to the appellant''s counsel, claimant sustained cent per cent functional disability. However, Tribunal has taken it at 5% to award loss of future earnings.
Having regard to the nature of injuries suffered, claimant would be awarded another Rs. 10,000/- towards pain and suffering; Rs. 15,000/-towards loss of amenities and enjoyment in life; Rs. 4,000/- towards loss of earning and Rs. 10,000/- towards loss of future earning due to disability.
Thus, claimant would be entitled to Rs. 39,000/- 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.