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Judgment
Huluvadi G. Ramesh
This appeal in by the claimant seeking enhancement of compensation as against the award passed by the XXII Additional Small Causes Judge and Member MACT, Bangalore in MVC NO. 7065/2009 dated 26.11.2010.
Claimant has sustained injuries in the accident occurred on 28.11.2008 at about 07.30 a.m., near By (sic) village due to the rash and negligent driving of the driver of the Autorickshaw bearing No. KA 08-2224.
The Tribunal has awarded a compensation of Rs. , 1,93,000/- on the following heads:
Pain and suffering
Rs. 30,000.00
Medical expenses
Rs. 25,000,00
Loss of earning during Period of treatment
Rs. 12,000,00
Conveyance, attendant Nourishment expenses
Rs. 15,000,00
Loss of future earning
Rs. , 81,000.00
Future medical expenses
Rs. 20,000,00
Loss of amenities
Rs. 10,000,00
TOTAL
Rs. 1,93,000/-
Heard.
Claimant has sustained grievous injuries i.e. fracture of right lemur and also fracture of third finger, and the claimant was treated with ORIF with plates and screws The claiment would be entitled for another sum of Rs. 15,000/-towards the head ''loss of amenities and enjoyment in life'', another sum of Rs. 10,000/- towards ''incidental expenses'' another sum of Rs. 5,000/- towards ''pain and suffering''.
Thus, claimant would be entitled for Rs. . 30,000/-over and above what has been awarded by the Tribunals with 6 % interest from the date of petition till deposit, Insurer to deposit the amount in three months.
Appeal to allowed in part.