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Judgment
Huluvadi G. Ramesh, J.—Delay of 258 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. Mise.Cvl.5013/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Civil Judge (Sr.Dn.) and Addl. MACT, Hiriyur in MVC No.257/2008.
The claimant has sustained injuries in the accident occurred on 10.1.2008 due to the negligence of the rider of the motorcycle bearing No.KA16 K. 2446 near Hiriyur. He has sustained fracture of the right mandible and fracture of condyle of right humerus. The Tribunal has awarded a total compensation of Rs.45,000/- on the following heads:
Medical expenses
Rs. 8,000/
Loss of earning during treatment
Rs. 4,000/-
Pain and suffering
Rs 33,000/-
Being not satisfied, the claimant is before this Court.
Heard.
The claimant has not been awarded compensation on the head, loss of amenities and enjoyment in life. On that head, Rs. 15,000/- could be awarded. Another Rs. 10,000/- could be awarded towards incidental expenses and another Rs.5,000/-towards loss of earning during the period of treatment and rest. Thus, claimant would be entitled for Rs.30,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part.
Sri. Arun Ponnappa is permitted to file his vakalath within four weeks.