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Judgment
Huluvadi G. Ramesh. J.
This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned VIM Addl. Judge, Court of Small Causes & MACT, Bangalore, in MVC. No. 7137/2007, dated 9th March 2010.
It is the case of the claimant that on 4.8.2007 at about 8.00 a.m. when he was proceeding on his motorcycle near Centurion Bank, Saunders road, at that time, a Maruthi van bearing registration No. KA-03-N-9021 came in a rash and negligent manner and dashed against the motorcycle due to which, he sustained grievous injuries. Immediately he was shifted to Santhosh hospital and thereafter, to Hosmat Hospital. As such, claimant filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the respondent-insurer, the Tribunal raising as many as three issues, after enquiry, holding that the accident was due to negligence on the part of the rider of the motorcycle in question, awarded total compensation of Rs. 1,78,580/- with 6% interest under the following heads:
Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
The learned counsel for the appellant submitted that the income taken by the Tribunal at Rs. 4,000/- per month is on the lower side whereas claimant was working as Supervisor and earning Rs. 6,000/- per month, the disability taken is also on the lower side and accordingly sought enhancement of compensation. The same is opposed by learned counsel appearing for the respondent-insurance company.
As per the wound certificate, claimant has sustained fracture of left tibia and the doctor has opined that the said injury is grievous in nature. The Tribunal has awarded suitable compensation towards pain and agony and medical expenses. As the claimant is employed, question of awarding compensation under the head loss of future income due to disability does not arise. Having regard to the nature of injuries suffered by the claimant, he is awarded another sum of Rs. 20,000/- over and above the compensation awarded by the Tribunal towards incidental expenses with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The insurer to deposit the amount within three months. However, claimant is not entitled for interest on the enhanced compensation for the delay period of 471 days.
Appeal is allowed in part accordingly.