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Judgment
Huluvadi G. Ramesh
There is a delay of 205 days in preferring the appeal. Accepting the reasons stated in the affidavit filed along with the application - I.A.I/2011, delay is condoned and I.A.I/2011 is ordered accordingly.
This appeal is by the claimant seeking for enhancement of compensation as against the judgment and Award dated 30.12.2010 in MVC No. 449/2008 on the file of Addl. Senior Civil Judge and Addl. MACT, Hassan.
The claimant has sustained grievous injuries in an accident that occurred on 15.09.2007 at 8.00 p.m. near Heritage Club on Hassan - Belur Road, due to negligence of the driver of a Mini Lorry bearing Reg. No. KA-41-599. The Tribunal, on consideration of material on record, has awarded compensation of Rs. 2,28,300/- with interest at 6% p.a. from the date of petition till the date of deposit Dissatisfied with the award, the claimant is in appeal seeking enhancement of compensation.
Heard.
Claimant is said to have sustained fracture dislocation of right hip, deep location on right arm, fore arm, right elbow. Thus, the claimant would be entitled to a sum of Rs. 15,000/- towards ''Incidental Expenses'' a sum of Rs. 5,000/- towards ''Loss of amenities and enjoyment in life'' and a sum of Rs. 5,000/- towards ''Medical expenses'' over and above the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till deposit.
This insurer shall deposit the amount within three months.
Appeal is allowed in part.