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Judgment
Huluvadi G. Ramesh
Delay of one day in preferring the appeal is condoned. Misc. Cvl. 12919/2011 is allowed.
This appeal is by the claimant seeking for enhancement of compensation as against the award passed by the Addl. Civil Judge (Sr.Dn.) and MACT, Mandya in M.V.C.No.404/2009.
Claimant has sustained accidental injuries on 8.4.2009 due to the negligence of the driver of the tractor trailor bearing No.KA11 T 5211-5212 near Bettahalli forest road. Mandya. He has sustained fracture of the left tibia of the middle 1/3rd and was treated at District Hospital Mandya. There is internal fixation of the rod and he has also undergone operation and suffered disability. The Tribunal has awarded a total compensation of Rs. 1,93.600/- on the following heads:
Pain and suffering
Rs. 35,000/-
Medical expenses
Rs. 30,000/-
Future medical expenses
Rs. 10.000/-
Incidental expenses
Rs. 16,300/-
Loss of income during treatment
Rs. 12,000/-
Loss of future income
Rs. 64,800/-
Loss of marriage prospects and Amenities
Rs. 25,000/-
Heard.
The Tribunal has suitably awarded on all the heads. However, another "Rs. 10,000/- is granted towards future medical expenses, 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.