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Judgment
Huluvadi G. Ramesh
Accepting the cause shown, the delay of 250 days in preferring the appeal is condoned. However, the claimant is not entitled to interest for the delay period on the enhanced compensation. This appeal by the claimant seeking enhancement of compensation is against the award dated 17.6.2011 passed by the Additional Senior Civil Judge and Addl. MACT, Hassan, in MVC No. 2190/2008.
On 20.3.2007 at about 7.45 p.m. when the claimant was returning from Hanumanthapura Village towards Bittagowdanahalli via Gorur Road on the left side of the road, a Hero Honda Splendor motor bike bearing registration No. KA-13-H-8227 came from opposite direction in a rash and negligent manner and dashed against him. As a result, the claimant sustained injuries.
In the claim petition filed, the Tribunal having held that the accident was due to the rash and negligent driving of the rider of the motor cycle in question, awarded compensation of Rs. 1,15,100/- with 6% interest on the following heads.
Pain and sufferings
Rs. 52,000/-
Disability
Rs. 20,000/-
Loss of amenities of life
Rs. 20,000/-
Medical expenses
Rs. 23,100/-
Total
Rs. 1,15,100/-
Not being satisfied, the claimant is before this Court seeking enhancement of compensation.
Heard.
The claimant is said to be Driver by profession, aged about 56 years as on the date of the accident and is due for retirement. He is said to have suffered disability of 30% to the limb which comes to 10% to the whole body.
Learned counsel for the claimant submits that the future earning capacity of the appellant is affected due to the accident and that the claimant is due for retirement.
Learned counsel for the Insurer submits that the compensation awarded by the Tribunal is just and proper and does not require any enhancement.
Taking the disability at 10% to the whole body and the notional income of the claimant at Rs. 6,000/- and applying the multiplier ''9'', the claimant would be entitled to Rs. 64,800/- towards ''loss of future earning due to disability''. Since the Tribunal has awarded Rs. 20,000/- towards disability, Rs. 44,800/- is awarded towards ''loss of future earning due to disability''. Another sum of Rs. 5,000/- is awarded towards ''loss of amenities and enjoyment in life'' and another sum of Rs. 10,000/- is awarded towards ''incidental expenses''. Therefore, the claimant is entitled for compensation of Rs. 69,800/-over and above the compensation awarded by the Tribunal with 6% interest from the date of petition till the date of deposit. Accordingly, the appeal is partly allowed.
The Insurer to deposit the amount within three months from the date of receipt of a copy of this order.