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Judgment
Huluvadi G. Ramesh
Delay of 65 days in preferring the appeal is condoned subject to the condition that, claimant would not be entitled for interest on the delay period, on the enhanced amount of compensation. Misc. Cvl. 15226/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Addl. Civil Judge (Sr.Dn.) and MACT, Manga lore in M.V.C. No. 181/2006 dated 21.12.2010.
Claimant has sustained accidental injuries on 25.11.2005 at Mangalore while he was going as a pillion rider on a motorcycle bearing No. KA19 W 7700. Due to the negligence of the rider of the motorcycle, the claimant has fell down and sustained fracture of tibia of the left leg and left collar bone and other injuries. Taking the disability at 109 to the whole body. Tribunal has awarded a compensation of Rs. 2,08,689.32 on the following heads:
Pain and sufferings
Rs. 40,000.00
Medical bills
Rs. 66,484.26
Nourishment charges
Rs. 1,900.00
Attendant and conveyance charges
Rs. 1,900.00
Loss of income during treatment Period
Rs. 8.341.06
Loss of future income
Rs. 80,064.00
Loss of amenities
Rs. 10,000.00
Being not satisfied, the claimant is before this Court.
Heard.
According to the Learned Counsel for the appellant, the injured has lost the job on account of the injury and disability sustained and the compensation has not been suitably awarded on all the heads. According to him, the disability is assessed at 20% to the whole body, but the Tribunal has taken it at 10%, which requires interference.
Per-contra, Learned Counsel appearing for the insurer has submitted that, the claimant has not examined the Doctor who has treated him. The disability suffered by him is an exaggerated version. There is no scope for enhancement.
However, towards attendant diet and conveyance, claimant could be awarded another Rs. 10,000/- . On the head loss of amenities and enjoyment in life, another Rs. 20,000/- could be awarded. Towards loss of future earning, another Rs. 10,000/- could be awarded. Claimant could be awarded another Rs 10,000/- towards future medical expenses. Thus, claimant could be awarded Rs. 50,000/- 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. S.T. Rajashekar is permitted to file his vakalath within four weeks.