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Judgment
Kuluvadi G. Ramesh
Delay of 106 days in filling the appeal subject to the condition, that claimant would not be entitled for interest for the delay period on the enhanced amount of compensation, condoned and no interest will be paid for the laid-up period.
This appeal is filed the seeking enhancement of compensation passed by the Principal Civil Judge (Sr.Dn.,) Additional MACT, Hassan in MVC No. 2028/2008 dated 21.12.2010
Claimant has sustained injuries in the accident occurred on 07.06.2008 at about 9 a.m., at Hassan Tiptu Road due to the rash and negligent driving of the driver of the Lorry bearing No. MYY 6969. The claimant has sustained grievous injuries i.e., fracture of left clavicle and the abrasion over left ankle.
The Tribunal has awarded compensation of Rs. 55,000/- on the following heads:
Pain and agony
Rs. 20,000-00
Loss of income during treatment Conveyance and nourishwent
Rs. 15,000-00
Medical expenses
Rs. 5,000-00
Future amenities
Rs. 10,000-00
Loss of amenities
Rs. 5,000-00
TOTAL
Rs. 55,000-00
Heard.
The claimant is said to have suffered disability of 10% to the left hand and disability between 3% to 4% to the whole body. Taking into consideration, the disability at 3% to the whole body, the claimant would be awarded another sum of Rs. 15,000/- under the head loss of future earning'', another sum of 1,13,000 towards loss of amenities and enjoyment in life and another sum of Rs. 3,000/- towards on the head of incidental expenses''.
Thus, the claimant entitled for Rs. 33,000 over and above the compensation awarded by the Tribunal along with interest at 6% p.a. from the date of petition till deposit.
The Insurer shall deposit the amount within three months.
Appeal is allowed in part.