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Judgment
Huluvadi G. Ramesh
Delay of 111 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. 15087/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the II Addl. District Judge & MACT-III. O.K., Mangalore in MVC No. 1790/2005.
Claimant has sustained injuries in the accident occurred on 15.8.2005 due to the negligence of the driver of the autorickshaw bearing No.KA19 9400 in which he was travelling which dashed against the parked lorry bearing No.KA 25 A 9244. Claimant has sustained fracture of 1/3rd of the right femur and fracture of patella and other four injuries. The Tribunal has awarded a total compensation of Rs.99,260/- on the following heads:
Medical expenses
Rs. 40,260/-
Towards attendant charges
Rs. 4,000/-
Towards Loss of income
Rs. 12,000/-
Pain and suffering
Rs. 35,000/-
Towards incidental expenses
Rs. 8,000/-
Being not satisfied, the claimant is before this Court.
Heard.
Claimant could be awarded Rs.25,000/- towards loss of amenities and enjoyment in life; another Rs. 10.000/-towards incidental expenses and another Rs. 10,000/- towards pain and suffering. Thus, claimant would be entitled for Rs.45,000/- 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.
s