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Judgment
Huluvadi G. Ramesh
L.A. 1/2012 is allowed and the delay of 60 days in preferring this appeal is condoned subject to the condition that the claimant shall not be entitled for interest for the delay period on the enhanced compensation. This appeal is by the claimants seeking enhancement of compensation against the award passed by the Senior Civil Judge & JMFC, Sakleshpura in MVC No. 47/2009, on 06.01.2012.
The claimants are the parents of the deceased. The deceased is 21/2 years old child. On 03.04.2009, when the deceased child was standing in front of Lakshmi Medical Centre, situated besides N.H. 48, B.M. Road in Sakaleshpur Town at about 8.00 p.m., the driver of the KSRTC Bus bearing registration No.KA-40F-347 negligently dashed against the said child. The child was immediately shifted to Crawford Hospital, Sakaleshpur and then shifted to the District Government Hospital Hassan. Having sustained grievous injuries in the accident, he succumbed to the injuries.
In the claim petition filed, the Tribunal having held that the accident was due to the negligence on the part of the driver of the KSRTC Bus in question, awarded a total compensation of Rs. 2,30,000/-, with interest @ 6% from the date of petition till deposit. Being not satisfied with the same, the claimants are before this Court for enhancement.
Heard. The claimants would be awarded another Rs. 40,000/- over and above what has been awarded by the Tribunal towards loss of estate'' with 6% interest from the date of petition till deposit. Ordered accordingly. The respondent - insurer of the vehicle in question to deposit the amount in three months.
The appeal is allowed in part.