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Judgment
Aravind Kumar, J.—Claimant''s appeal for enhancement of compensation not being satisfied with the compensation awarded by the M.A.C.T., Bangalore, in M.V.C. No. 4270/2009 whereunder claim petition has been allowed in part and a total compensation of Rs. 59,000/- is awarded as against claim of Rs. 10,00,000/-. Though matter is listed for hearing on interlocutory application, by consent of learned Advocates appearing for the parties, it is taken up for final disposal.
Learned Counsel for the claimant contends that compensation awarded by the Tribunal under all heads in on the lower side and seeks for enhancement of compensation. Per contra, Sri. Pradeep, learned Counsel appearing for respondent No. 2 would support the judgment and award in question and seeks for dismissal of the appeal.
Having heard the learned Advocates appearing for the parties and on perusal of the judgment and award in question, it would indicate that claimant had sustained fracture of both bones of forearm (right) as per wound certificate Ex. P5 She was inpatient at Shivara Shivappa Memorial Hospital from 7.5.2009 to 9.5.2009 as per discharge summary Ex. P8. Doctor, who had treated her, has been examined as PW-4. He has stated that claimant was operated and fixed with plate and screws under block and she was on regular follow-up treatment on OPD basis and she had also taken physiotherapy. At the time of evaluation of disability, he has found that there is malunion of both the radius and ulna. He has also opined that wasting of right forearm muscles is present and it would be painful for her to lift weight and also to discharge her normal work with right hand. He has further stated that right hand coordination with left hand is not satisfactory. He has opined that she requires correction surgery and as such, he has stated that approximate cost for further surgery would be Rs. 15,000/- Though Tribunal has not discarded the evidence of the Doctor, but on the other hand, has accepted the same, it has awarded a sum of Rs. 5,000/- towards loss of amenities, which is marginally on the lower side and considering the fact that claimant has to undergo further surgery for correction, I am of the considered view that additional compensation of Rs. 15,000/- if awarded towards both loss of amenities as well as towards future medical expenses, it would met the ends of justice. Accordingly, it is hereby awarded. Computation awarded by the Tribunal under other heads is just and reasonable and it does not call for any enhancement. Hence, following:
ORDER
(i) Appeal is allowed in part.
(ii) Judgment and award passed by the M.A.C.T., Bangalore, in M.V.C. No. 4270/2009 dated 10.2.2011 is hereby modified and an additional compensation of Rs. 15,000/- is hereby awarded, which shall carry interest @ 6% per annum from the date of petition till the date of payment or deposit, whichever is earlier.
(iii) Insurer to deposit the enhanced compensation with interest before the jurisdictional Tribunal within an outer limit of four weeks from the date of receipt of certified copy of this order.
(iv) No costs.
(v) Sri. V. Pradeep, learned Advocate is permitted to file vakalatnama on behalf of respondent No. 2 within a period of four weeks from today.