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Judgment
8 paragraphs · 212 wordsHuluvadi G. Ramesh
Notice to respondent No. 1 it dispensed with.
This appeal is by the claimant seeking for enhancement of compensation as against the award passed by the Senior Civil Judge & JMFC, Holenarasipur in MVC No. 100/2009 on 12.11.2010.
The claimant has sustained injuries on 13.4.2008 in the road traffic accident due to the negligence of the driver of the tractor and trailer bearing No. KA-13-TA-2460/2461 The Tribunal, on consideration of material on record., has warded global compensation of Rs. 25,000/- with interest at 8% p.a. Dissatisfied with the award, the claimant is in appeal seeking enhancement of compensation.
Heard.
As per the wound certificates-Ex.P3, the claimant has sustained five injuries. Out of which, injury No. 3 is grievous in nature i.e., fracture of 6th, 7th and 8th ribs. The claimant would be awarded Rs. 25,000/-towards loss of amenities and enjoyment in life, Rs. 10,000/- towards incidental expenses and Rs. 5,000/- towards loss of income during laid up period. Thus, the claimant is entitled to a sum of Rs. 40,000/- over and above the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till deposit
The insurer shall deposit the amount within three months.
Appeal is allowed in part.