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Judgment
Huluvadi G. Ramesh, J.—This is a claimant''s appeal seeking enhancement of compensation as against the award passed by the Fast Track Court I & II, Bijapur in MVC 275/2010 on 22.9.2011. There is a delay of 64 days in preferring the appeal. Delay is condoned with a condition that claimant would not be entitled for interest on the enhanced amount for the delay period.
It is stated, when the claimant was going on a motorcycle on 14.11.2009 around 6.30 a.m. near KEB, Bijapur Road, Indi, an autorickshaw bearing No. KA 28 9852 came in a rash and negligent manner and dashed against the claimant due to which, he fell down and sustained grievous injuries. He was first treated at Government Hospital, Indi and thereafter, he was shifted to Civil Hospital, Bijapur. The claimant has sustained fracture of upper end of right radius and ulna. Alleging rash and negligent driving of the autorickshaw driver, claim petition came to be filed. The Tribunal on inquiry, having held that the accident was due to the negligence of the autorickshaw driver, awarded compensation of Rs. 68,000/- on the following heads:
Not satisfied with the quantum of compensation, claimant is before this Court.
Heard the counsel representing the parties.
Before the Tribunal the claimant has relied upon Ex. P7 - Wound certificate which discloses that he has sustained fracture of upper end of both radius and ulna. Having regard to the nature of injuries suffered, under the head pain and suffering, claimant could be awarded another Rs. 13,000/-; towards medical expenses, since he was treated at two hospitals, he would be entitled to another Rs. 5,000/- in the absence of any cogent evidence as to spending Rs. 1 lakh towards medical expenses and another Rs. 15,000/- could be awarded for loss of amenities. On the head loss of future earning, since claimant is a contractor his personal involvement may not be there except in supervisory capacity. Even taking the nature of work to be discharged which is supervisory in nature, the assessment of 22% disability by the doctor is on the higher side. Taking his income at Rs. 36,000/- p.a., Rs. 40,320/- has been awarded towards loss of future earning. Another Rs. 10,000/- could be awarded under this head and a further sum of Rs. 5,000/- could be awarded towards diet, conveyance and attendant charges. Thus, in all an amount of Rs. 48,000/- is awarded over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer shall deposit the amount in three months. The entire amount be released in favour of the claimant. Appeal is allowed in part.