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Judgment
K.L. Manjunath, J.—This is a claimant''s appeal seeking for enhancement of compensation awarded to her by the Motor Accidents Claims Tribunal (''the Tribunal'' for short). Bangalore in MVC No. 2640/2004 dated 17.09.2005.
In a road traffic accident that occurred on 11-12-2003, the claimant sustained fracture of mid shaft of left fibula, Multiple injuries with non-conclusive head injury and fracture of acetabulum. She was hospitalised for 6 days from 11-12-2003 to 17-12-2003. The Doctor has opined that she is suffering from disability at 32% to the left lower limb and 16% to the whole body. The Tribunal awarded a total compensation of Rs. 55,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment. Being not satisfied with the same, the present appeal is filed for enhancement.
Considering the total number of fractures and number of days of hospitalization, since the Tribunal has awarded only a sum of Rs. 20,000/- under the head pain and sufferings, we are inclined to award another sum of Rs. 15,000/-. In addition to the compensation of Rs. 10,000/- awarded under the head loss of amenities, the Appellant is entitled to another sum of Rs. 10,000/- under the aforesaid head. Considering the disability caused to her left lower limb, she being a house wife, even if we consider the disability at 10% to the whole body, her income has to be taken at Rs. 3,000/- p.m. Therefore, she is entitled to further sum of Rs. 35,000/- under the head loss of income, in addition to Rs. 15,000/- what has already been awarded by the Tribunal under the head disability. Thus, in all, the Appellant is entitled for enhanced compensation of Rs. 60,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment.
In the result, the appeal is allowed in part. The Appellant is entitled to enhanced compensation of Rs. 60,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment.
Considering the marginal increase in the compensation, the entire amount is ordered to be released in favour of the Appellant.