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Judgment
Huluvadi G. Ramesh
Delay of 273 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. I.A. 2/2011. 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.258/2008.
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. Claimant has sustained fracture of distal end of radius and other four simple injuries. The Tribunal has awarded a total compensation of Rs.28.000/- on the following heads:
Medical expenses
Rs. 3,000/-
Loss of income during treatment
Rs. 4,000/-
Pain and saffering
Rs. 21,000/-
Being not satisfied, the claimant is before this Court.
Heard.
Claimant could be awarded another Rs. 15,000/-towards loes of amenities and enjoyment in life since nothing has been awarded on that head; Rs.8.000/- towards incidental expenses; another Rs.5,000/- towards loss of earning during the laid up period, in the absence of any medical evidence regarding the disability suffered. Thus, claimant would be entitled for Rs.28.000/- 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.