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Judgment
H.G. Ramesh, J.—There is a delay of 31 days in filing the appeal. The delay is condoned. The claimant, is not entitled for interest for the delay period on the enhanced compensation.
This appeal is by the claimant seeking enhancement of compensation awarded by the Presiding Officer, FTC, Mangalore & Member, MACT, Bangalore in MVC No. 425/2009 dated: 23.02.2011.
The claimant sustained injuries in the accident that occurred on 10.02.2009, in the morning around 10.00 am., when he was proceeding on his motor cycle bearing No. KA-19/R-6192 from Subramanya cross road towards Uppinangady town on NH-48, near Uppinangady. A tipper lorry bearing No. KA-02/D-9332 came from opposite side in a rash and negligent manner and dashed against the motor cycle due to which, the claimant sustained grievous injuries. Immediately, he was shifted to A.J. Hospital, Mangalore and was inpatient for nearly 17 days. In the claim petition filed and on the matter being contested, the Tribunal having raised relevant issues for consideration, after enquiry, having held that the accident was due to the negligence on the part of the driver of the tipper lorry in question, awarded a total compensation of Rs. 2,91,000/- with 6% interest per annum.
Being not satisfied with the quantum of compensation awarded by the Tribunal, the claimant is in this appeal.
Heard.
Learned counsel for the claimant submitted that the claimant has sustained 20% disability to the whole body and there is also loss of amenities and enjoyment in life apart from the loss of future income due to disability. Accordingly, he sought for enhancement.
On the other hand, learned counsel appearing for the insurer submitted that the compensation awarded is on the higher side.
As per the wound certificate issued by A.J. Hospital, Mangalore, the claimant sustained lacerated wound, 7 cm x 2 cm x bone deep, over front of right shoulder with underlying comminuted fracture of upper end of humerus and acromion process of scapula; pubic symphyseal disastasis; lacerated wound, 5 cm x 1 cm x bone deep over front of middle of right thigh with underlying comminuted fracture of shaft of femur. Wound debridement is done and external fixator for fractured femur, open reduction & internal fixation of right humerus & shoulder, interlocking femur and open reduction of public symphyseal diastasis also is done. As per the doctor''s evidence, the claimant sustained 20% disability to the whole body.
Having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs. 10,000/- towards pain and suffering; Rs. 15,000/- towards Incidental expenses like diet, conveyance and attendant charges and Rs. 20,000/- towards loss of amenities and enjoyment of life; taking the income on the higher side, the claimant is entitled for a sum of Rs. 30,000/- towards loss of future earning. Thus, in all, the claimant would be entitled for Rs 75,000/- over and above what has been awarded by the Tribunal with 6% interest per annum from the date of petition till deposit. The insurer to deposit the amount within three months.
Accordingly, the appeal is allowed in part.
Sri. B.A. Ramakrishna, learned counsel is permitted to file vakalath for insurer in four weeks.