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Judgment
Huluvadi G. Ramesh
Delay of 114 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. I.A. No. 1/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Addl. District Judge and MACT-II, Hassan in MVC No. 1072/2008.
Claimant has sustained injuries in the accident occurred on 27.3.2008 near Hassan due to the negligence of the driver of the tractor bearing No. KA07 T 3036. Claimant has sustained injury to the left leg and all over the body. He underwent surgery and was inpatient for 7 days. There is fracture of 1, 2, 4 and 5th metatarsal bones of the left leg. The disability is assesse D at 11% to the left limb and the Tribunal has taken if at 3% to the whole body. After enquiry, it has awarded a total compensation of Rs. 71,000/- under the following heads:
Pain and suffering
Rs. 25,000/-
Medical & incidental expenses
Rs. 20,000/-
Loss of income due to disability
Rs. 26,000/-
Being not satisfied, the claimant is before this Court.
Heard.
The claimant could be awarded Rs. 8,000/- towards loss of income during the laid up period, Rs. 20,000/- towards loss of amenities and enjoyment in life and another Rs. 10,000/- towards incidental expenses. Thus, claimant would be entitled for Rs. 38,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part.
Sri. K.N. Srinivas is permitted to file vakalath for respondent No. 1 within four weeks.