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Judgment
Huluvadi G. Ramesh
Delay of 145 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. Misc.Cvl.2603/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Addl MACT, Sagar in MVC No. 184/2009.
The claimant has sustained injuries in the accident occurred on 11.08.2008 due to the negligence of the driver of the bus bearing No.KA20 9772 near Sagar. He has sustained fracture of right forearm i.e. right radius and also fracture of the right knee. He was inpatient for three days and took treatment at Government Hospital. Sagar. The Tribunal has awarded a total compensation of Rs. 12,694/- under the-following heads:
Hospital and medical charges
Rs. 1,494/-
Loss of income
Rs. 3,000/-
Pain andsuffering
Rs. 5,000/-
Extra Nourishment food
Rs. 2,400/-
Food and attendant charges
Rs. 300/-
Conveyance
Rs. 500/-
Being not satisfied, the claimant is before this Court.
Heard.
The Doctor has not been examined in this case. However, the claimant could be awarded another Rs. 15,000/-on the head pain and suffering; Rs. 15,000/- towards loss of amenities and enjoyment in life; another. Rs.8,000/-- towards loss of income during treatment and another Rs.5,000/- towards incidental expenses. Thus, claimant is entitled for Rs.43,000/-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.