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Judgment
Huluvadi G. Ramesh
Delay of 179 days in filing the appeal is condoned, subject to the condition that appellant would not be entitled for interest on the delay period on the enhanced amount of compensation. I.A. No. 1/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Civil Judge (Sr. dn.) & MACT, Pandavapura in M.V.C. No. 192/2009 wherein the Tribunal has awarded Rs. 1,66,409/- on the following heads:
Medical expenses
Rs. 29,649/-
Pain and agony
Rs. 20,000/-
Incidental expenses
Rs. 30,000/-
Loss of income during treatment
Rs. 9,000/-
Loss of income due to disability
Rs. 77,760/-
The claimant sustained injuries in the accident occurred on 2.12.2008 near Pandavapura due to the negligence of the driver of the Tractor-Trailer bearing No. KA 11 T 7992-7993 in which he has sustained fracture of tibia and fibula and also fracture of medial condyler of right femur. He was treated at K.R. Hospital, Mysore.
Heard.
Having regard to the injuries suffered, claimant could be awarded another Rs. 20,000/- towards pain and suffering since he has suffered two fractures; another Rs. 25,000/- could be awarded towards loss of amenities and enjoyment in life; another Rs. 10,000/- towards loss of future income and another Rs. 5,000/- towards incidental expenses. Thus, claimant is entitled for another Rs. 60,000/- 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.