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Judgment
Huluvadi G. Ramesh
Delay of 47 days in filing the appeal is condoned. Misc.Cvl.7051/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Civil Judge (Sr.Dn.) and MACT, Belur in MVC No.79/2009.
The claimant has sustained injuries in the accident occurred on 26.12.2008 near Mudigeri-Belur road near Belur, due to the negligence of the driver of the Tata Sumo bearing No.KA01 Z 2891. Claimant has sustained fracture of the right femur. The Doctor has assessed the disability at 28% and also there is shortening of the limb. The Tribunal, after enquiry, has awarded a total compensation of Rs. 1,45,847/- under the following heads:
Medical expenditure
Rs. 26,647/-
Loss of future income
Rs. 79,200/-
Future medical expenditure
Rs. 15,000/-
Pain and suffering
Rs. 10,000/-
Loss of amenities
Rs. 10,000/-
Food and nourishment
Rs. 5,000/-
Being not satisfied, the claimant is before this Court.
Heard.
Claimant could be awarded another Rs. 15,000/- on the head pain and suffering: on the head, loss of amenities, another Rs. 10,000/- and another Rs. 10,000/- towards incidental expenses. Thus, claimant would be entitled for Rs.35.000/-over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. He is not entitled for interest for the delay period. Insurer to deposit the amount in three months.
Appeal is allowed in part.
Sri. Arun Ponnappa is permitted to file his vakalath for respondent No.2 within four weeks.