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Judgment
Huluvadi G. Ramesh
Delay in 13 days in filling the appeal is condoned.
This appeal is by the claimant seeking for enhancement of compensation as against the award passed by the Additional Civil Judge (SR. DN.,) CJM, MACT, Mandya in MVC No. 588/2007 dated 25.06.2010.
Claimant has sustained injuries in the accident occurred on 04.08.2007 near Nagamangala Mandya Road due to the rash and negligent driving of the driver of the Lorry bearing No. KA 54/282, The Tribunal has awarded compensation of Rs. 97,280/- on the following heads:
Simple Injuries
Rs. 5000-00
Pain and agony
Rs. 25000-00
Medical expenses
Rs. 15000-00
Future medical expanses
Rs. 5000-00
Attendant food diet Nourishment conveyance etc
Rs. 2,880-00
Loss of income during treatment period
Rs. 12,000-00
Loss of future income loss of future amenities permanent disability disappointment this comfort
Rs. 32,400-00
total
Rs. 97,280-00
Heard.
The claimant has sustained grievous injuries i.e., fracture of left forearm, incised wound over right side of the nose, incised wound on the outer part of left leg, incised wound over root of nose, abrasion over lower part of right eye, abrasion over upper part of left leg and was treated at General Hospital Nagamangala where he was an inpatient for week.
As per evidence of the doctor, disability is assessed at 25% to the limb and 13% to the whole body, However, the tribunal has taken the disability at 5% to the whole body, Taking the disability between 5 to 6% to the whole body and taking the income of the claimant around Rs. 4,000/-, the claiment could be awarded another sum of Rs. 10,000/- under the head loss of future earning and another sum of Rs. 20,000 towards loss of amenities and enjoyment in life Thus, the claimant is entitled for Rs. 30,000/ - over and above the compensation awarded by the Tribunal along with interest at 6% p.s. from the date of petition till deposit.
The insurer shall deposit the amount within three months.
Appeal is allowed in part.
Sri M. Sowri Raju, Advocate is permitted to file Valalatha for R2 in four weeks.