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Judgment
Huluvadi G. Ramesh, J.—This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned XIX Addl. Senior Civil Judge & MACT, Bangalore, in MVC. No. 90/2008, dated 26th August 2010.
It is the case of the claimant that on 28.12.2006 at about 7.30 p.m. when she was proceeding as a pillion rider on a motorcycle bearing registration No. KA-43-E-9611 from Hebbal to Yelahanka, due to road repair, the rider of the motorcycle took a right turn and came to the other side of the road, at that time, a lorry bearing registration No. MEL-5424 came from opposite direction in a rash and negligent manner and dashed against the motorcycle due to which, she fell down and sustained grievous injuries. She filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the respondent insurer, the Tribunal raising as many as three issues, after enquiry, holding that the accident was due to negligence on the part of the driver of the lorry in question, awarded total compensation of Rs. 86,500/- with interest at 6% p.a. from the date of petition till the date of deposit under the following heads:
Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
As per the wound certificate, claimant has sustained cut laceration over occipital region, cut injury over left foot and fracture of medial malleolus of left foot. The doctor has assessed the disability suffered by the claimant at 17% to the left lower limb. The Tribunal has awarded just and proper compensation under all heads, except under the head loss of amenities and future earning due to disability. Therefore, having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs. 20,000/- towards loss of amenities and enjoyment in life and Rs. 20,000/- towards loss of future income due to disability. Thus, in all the claimant is entitled to compensation of Rs. 40,000/- over and above the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The impugned judgment and award passed by the Tribunal is modified accordingly. The insurer to deposit the amount within three months.
Appeal is allowed in part accordingly.