Sri Rajegowda vs H.V. Rangaswamy and The United India Insurance Co. Ltd., Branch Office, Venkateshwara Building P.B. No. 108, B.M. Road, Hassan - 573 211 (Insurer of The Motor Cycle Bearing Registration No. KA-13, R-9768)

Huluvadi G. Ramesh

Misc. Cvl. 13334/11 filed for condonation of delay of 32 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 a amount of compensation.

This appeal is by the claimant seeking for enhancement of compensation as against the award passed by the principal Civil judge (Sr. Dn) and Additional MACT, Hassan in MVC No. 5/2008 on 9.11.2009.

The claimant has sustained injuries on 18.8.2007 in the road traffic accident due to the negligence of the rider of the motor cycle bearing registration No. KA-13-R-9768. The Tribunal, on consideration of material on record has awarded compensation of Rs. 79,680/- with interest at 6% p.a. under the following heads:

Medical expenses

Rs. 2,000/-

Pain, injuries and sufferings

Rs. 15,000/-

Loss of future earnings

Rs. 31,680/-

Loss of amenities and Enjoyment in life

Rs. 15,000/-

Conveyance, nourishment and attendant charges

Rs. 5,000/-

Loss of earnings during the Period of earnings during the Period of treatment and rest

Rs. 6,000/-

Future medical expenses

Rs. 5,000/-

Dissatisfied with the award, the claimant is in appeal seeking enhancement of compensation.

Heard.

Claimant has sustained fracture of tibial condyle and patella and two simple injuries. According to the doctor, restriction of movements in the ankle and movement lost by 50% and shortening of limb by 2.5 c.m. and assessed disability at 25% in respect of right lower limb.

The claimant would be awarded another sum of Rs. 15,000/- towards pain and suffering, another sum of Rs. 10,000/- towards loss of amenities and enjoyment in life In so far as loss of future warning is concerned, if the income is taken at Rs. 4,300/- p.m., and disability is taken around 3% to the whole body, adopting 11 multiplier, the compensation comes to Rs. 53,460/-. After deduction, the claimant is entitled to Rs. 21,780/-towards loss of future earning, another sum of Rs. 10,000/- towards future medical expenses and Rs. 10,000/- towards incidents charges. Thus, the claimant is entitled to Rs. 66,780/-. Out of Rs. 66,780/-, Rs. 56,780/- shall carry interest at 6% p. a. over and above the compensation awarded by the Tribunal from the date of petition till deposit However, future medical expenses will not carry any interest.

The insurer shall deposit the amount within these months, Appeal is allowed in part.