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Judgment
Huluvadi G. Ramesh, J.—Appeal is by the claimant seeking enhancement of compensation against the award passed by the XIII Addl. Small Causes Judge & MACT, in MVC 5579/2009 on 14.06.2011. It is stated, on 10.7.2009 around 9.45 a.m. when the claimant was riding his motor- cycle bearing No. KA 06 EC 6921 on Tumkur Bangalore National Highway, when he reached near Arasinakunte bus stop, a tipper lorry bearing No. KA 05 AC 0968 came in a rash and negligent manner and dashed against the motorcycle due to which, claimant fell down and sustained grievous injuries and was treated at Harsha Hospital and thereafter, at Ravi Kirloskar Hospital where he was inpatient for 3 days and he has spent over Rs. 1 Lakh towards medical expenses. In the claim petition filed, on the matter being contested, the Tribunal on enquiry framed as many as three issues. It has noted, the claimant has suffered a cut lacerated extensive wound over the right forearm and exposing of the muscle and multiple abrasions over the face and injuries all over the body and has also undergone debridement with axillary block on 10.7.2009. Once again he was admitted to the hospital and has been discharged and he has undergone skin grafting. Considering the nature of injuries taking the disability at 45% to the right lower limb and 15% to the whole body, Tribunal has awarded compensation of Rs. 1,08,500/- on the following heads:
Pain & suffering Rs. 15,000/-
Medical Expenses Rs. 54,000/-
Loss of earning during laid up period Rs. 4,500/-
Disability Rs. 15,000/-
Loss of amenities Rs. 10,000/-
Future medical Expenses Rs. 10,000/-
Dissatisfied with the quantum of compensation, claimant has approached this court.
Heard the counsel for the respective parties.
It appears the disability is shown to be taken on the higher side. However, the compensation needs to be enhanced on that head i.e., loss of future earning due to disability. Claimant is said to be a lathe machine operator. Having heard the counsel representing the respondent, claimant would be awarded another Rs. 50,000/- 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.