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Judgment
Huluvadi G. Ramesh, J.—Delay of 352 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. Misc.Cvl. 14020/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Prl. Cvl. Judge (Sr.Dn.) & Addl. MACT, Hassan in MVC No. 1568/2007.
The claimant has sustained injuries in the accident occurred on 8.9.2007 near Hassan due to the negligence of the rider of the motorcycle bearing No.KA13 R 6644. He has sustained fracture of the right tibia and other tour injuries on the ankle, knee and hip. The Tribunal, after enquiry, has awarded a total compensation of Rs. 1,19,960/- on the following heads:
Medical expenses
Rs. 20,000/-
Pain and suffering
Rs. 20,000/-
Loss of future earnings
Rs 48.960/-
Loss of amenities and Enjoyment in life
Rs. 15,000/-
Conveyance, noursihment and Attendant charges
Rs. 5,000/-
Loss of earnings during the Period of treatment and rest
Rs. 6,000/-
Future medical expenses
Rs. 5,000/-
Being not satisfied, the claimant is before this Court.
Heard
The claimant could be awarded another Rs. 10,000/- on the head, pain and suffering; on the head, loss of future earning another Rs. 10,000/-: on the head, loss of amenities and enjoyment in life another Rs. 10,000/-; towards incidental expenses another Rs.5,000/- and future medical expenses another Rs. 10,000/-. Thus, claimant would be entitied for Rs.45,000/- over and above what has been awarded by the Tribunal out of which Rs.35,000/- shall carry interest at the rate of 6% from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part