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Judgment
Huluvadi G Ramesh
Appeal is filed seeking enhancement of compensation awarded by the MACT, Pandavapura on 23.6.2011 in MVC 616/2009.
Claimant sustained fracture of the left clavicle in the accident on 31.7.2009 due to the negligence of the rider of lorry bearing No. WB 41 D 3805 near Vaddarahalli. On the claim petition filed, Tribunal after inquiry, awarded compensation of Rs. 85,535/- on the following heads:
Medical Expenses
Rs. 6,535/-
Pain and agony
Rs. 10,000/-
Food & nourishment
Rs. 12,000/-
Loss of income during treatment
Rs. 3,000/-
Loss of future income
Rs. 54,000/-
Heard the counsel representing the parties.
Claimant has sustained one grievous injury i.e., dislocation of the left clavicle joint and other injuries like bleeding in left expromp and injury to the zygomatic Are and left temporal scalp.
Having regard to the nature of injuries sustained, claimant could be awarded another Rs. 10,000/- towards pain and suffering; Rs. 10,000/-towards loss of amenities and enjoyment in life; Rs. 5,000/- towards incidental expenses and Rs. 3,000/- for loss: of Income during laid up period. Thus, claimant would be entitled to Rs. 28,000/- 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.
Mr. K K Vasanth to file vakalath for the insurer in four weeks.