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Judgment
Huluvadi G. Ramesh, J.—This appeal is by the claimant for enhancement of compensation against the award passed by the Civil Judge (Sr.Dn.) and Addl. M.A.C.T., Arkalgud, in M.V.C. No. 560/2008, dated 1.10.2010.
On 26.4.2008 in the morning around 11.30 a.m. on Karie-Gorur road while the claimant was going on the left side of the road along with the cattle, at that time, Hero Honda Splendor bearing No. KA.13-Q-3810 came from Karle Gorur road side in a negligent manner and dashed against the claimant from hind side. Due to the impact, claimant fell down and sustained fracture of the left thigh. The claimant was treated at S.C. Hospital, Hassan and is said to have spent towards medical expenses and also undergone surgery. On the claim petition filed, the matter being contested by the insurance company, the Tribunal has raised as many as three issues for consideration and awarded total compensation of Rs. 1,14,000/- on the following heads:
Towards pain and agony Rs. 30,000/-, towards loss of income during treatment Rs. 6,000/-, towards loss of income on account of permanent disability Rs. 54,000/-, towards attendant charges Rs. 4,000/-, towards medical expenses Rs. 5,000/-, toward loss of amenities Rs. 15,000/-.
Being not satisfied with the compensation awarded by the Tribunal, the claimant is before this Court seeking enhancement of compensation.
Counsel representing the insurer has submitted that the compensation awarded is just and proper and does not require any enhancement.
Heard the learned counsel appearing for both the parties.
As per the wound certificate issued by the Government Hospital, Hassan, the claimant is said to have sustained fracture of both the bones of left leg and also opined that the injuries are grievous in nature. The Tribunal held that the accident was due to the negligence on the part of the driver of the motorcycle in question and thereafter arrived at a conclusion to award compensation of Rs. 1,14,000/-. It appears claimant was hospitalized for more than 10 days and also he has undergone operation at the Government Hospital.
Having regard to the nature of injury sustained, claimant would be awarded another Rs. 10,000/- towards loss of income during laid up period, another Rs. 5,000/- towards pain and suffering, another Rs. 25,000/- towards loss of future income due to the disability and another Rs. 15,000/- towards incidental, and medical expenses, another Rs. 10,000/- towards loss of amenities and enjoyment in life. Thus, claimant is entitled for Rs. 65,000/- over and above what has been awarded by the Tribunal with interest @ 6% p.a. from the date of petition till deposit. The insurer to deposit the amount within three month.
Appeal is allowed in part.