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Judgment
Misc Cvl. No. 9463/2011 filed for condonation of delay of 69 days in preferring the appeal. is allowed. Delay is condoned subject to the condition that claimant would not be entitled for interest for the delay period on the enhanced amount of compensation.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the IV Additional Judge, Member MACT, Court of Small Causes, Bangalore is MVC No. 9197/2008 dated 04.09.2010.
Claimant has sustained injuries in the accident occurred on 17.08.2008 at about 08:45 p.m., near Babusapalya, Bangalore due to the rash and negligent driving of the driver of the Tempo Traveler bearing No. KA-53/341, The Tribunal has awarded a compensation of Rs. 1,05,000/- with 6% interest.
Heard,
Claimant has sustained grievous injuries i.e., fracture of right ankle medical mallecli and the left knee joint is crushed. The tribunal awarded compensation on the following heads;
Pain and suffering
Rs. 25,000.00
Medical expenses
Rs. 45,000.00
Future medical expenses
Rs. 8,000.00
Future loss of earning
Rs. 9,000.00
Loss of amenities
Rs. 15,000,0G
Attendant expenses
Rs. 3,000.00
TOTAL
Rs. 1,05,000,00/-
The doctor IS not cross-examined this case and on account of that, the evidence of the doctor is not taken into consideration by the tribunal for assessing the functional disability. However, the claimant could be awarded another sum of Rs. 15,000 towards ''loss of future earning'' another sum of Rs. 6,000/ - towards ''loss of furture earning during laid up, period, another sum of Rs. 5,000/- towards ''incidental expenses, and another sum of Rs. 5,000/ - towards ''loss of amenities and enjoyment in life".
Thus, claimant would, be entitled for Rs. 31,000/- over and above what has been awarded by the Tribunal, wife 6% interest from the date of petition till deposit. Insurer to deposit the amount, in three months.
Appeal is allowed in part.