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Judgment
Huluvadi G. Ramesh
Misc. Cvl.No. 7017/2011 fifed for condonation of delay of 98 days in preferring the appeal is allowed. Delay is condoned subject to the condition that claimant would not be entitled for interest for the delay period on the enhanced amount of compensation.
This appeal is by the claimant seeking for enhancement of compensation as against the award passed by the Civil Judge (SR.DN) MACT, Maddur in MVC No. 94/2008 dated 09.09.2010.
Tribunal has awarded the compensation of Rs. 67,066.00/- on the following heads.
Pain & suffering
Rs. 10,000.00
Medical expanses
Rs. 14,066.00
Attendant charges, special diet etc
Rs. 5,000.00
Loss of Future Earning or Earning capacity
Rs. 54,000.00
Loss of amenities and Enjoyment of life
Rs. 5,000.00
Loss of income during rest
Rs. 6,000.00
Loss of future earning capacity
Rs. 27,000.00
TOTAL
Rs. 67,066.00/-
Claimant has sustained injuries in the accident occurred on 13.12.2007 at about 01:00 near Mandya due to the rash and negligent driving of the driver of the Motor cycle bearing No. KA.-11-K8113. The claimant has sustained grievous injuries i.e., fracture of left shaft humorous and was treated at Hospital in. Mandya and thereafter was shifted to Shilpa Nursing Home, Mandya.
Having regard to the nature of injuries sustained, claimant. would be entitled for another sum of Rs. 5,000/- towards Medical expenses'' another sum of Rs. 15,000/- towards ''pain and suffering'', another sum of Rs. 10,000/- toward ''loss of amenities and enjoyment in life'', another sum of Rs. 15,000/- towards ''loss of future earning'' and another sum off. 10,000/- ''incidental expenses''.
Thus, claimant would be entitled for Rs. 55,000/- 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.