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Judgment
Huluvadi. G. Ramesh
Delay of 171 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. Misc.Cvl.5010/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Civil Judge (Sr.Dn.) & Addl. MACT, Hiriyur in MVC No. 270/2008.
Claimant has sustained injuries in the accident occurred on 8.2.2007 near Hiriyur due to the negligence of the driver of the Ambassador car bearing No. CKQ 7166. Claimant has sustained fracture of distal end of radius. He was treated at Government Hospital, Hiriyur. The Tribunal has awarded a total compensation of Rs. 59,400/- under the following heads:
Pain and suffering
Rs21,000/-
Medical expenses
Rs. 3,000/-
Loss of income during treatment
Rs. 3,000/-
Loss of earning due to disability
Rs. 32,400/-
Being not satisfied, the claimant is before this Court.
Heard.
The Tribunal having taken into consideration the claimant has suffered 5% disability to the whole body i.e., 15% functional disability to the particular limb as per the evidence of the Doctor, has awarded the compensation. On the head, loss of amenities and enjoyment in life, nothing has been awarded. He could be awarded Rs. 15,000/- under that head. Rs. 10,000/- could be awarded towards incidental expenses and another Rs. 5,000/- towards loss of income during the laid up period. 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.