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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 Addl. Small Causes Judge & MACT, Bangalore in M.V.C.No. 8005/2008.
The claimant has sustained accidental injuries on 17.9.2008 due to the negligence of the driver of the tempo bearing No KA 03 D 4008 near Jayamahal road, Bangalore. The Tribunal, after enquiry, has awarded a total compensation of Rs. 1,80.500/- on the following heads:
Pain and suffering
Rs. 40,000/-
Medical expenses
Rs. 50,000/-
Towards fracture
Rs. 30,000/-
Towards future medical
Expenses
Rs. 30,000/-
Disability
Rs. 20,000/-
Loss of income
Rs. 9,000/-
Attendant charges
Rs. 1,000/-
Conveyance chargesc
Rs. 500/
Heard.
Claimant is said to have sustained fracture of both the bones of left leg and suffered disability of 16% to the whole body. He is said to be a Proprietor, running a shop and earning Rs. 15,000/- per month.
Towards loss of income, only Rs. 9,000/- is awarded, another Rs. 20.000/- could be awarded on that head. Towards incidental charges like attendant, conveyance and diet another Rs. 15.000/- could be awarded. The amount of Rs. 30,000/- awarded towards fracture suffered could be treated as towards loss of amenities and enjoyment in life. Thus, claimant is entitled for another Rs. 35,000/- 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.