High CourtsSingle Bench(2011) 12 KAR CK 0251

Chittamma vs M. L. Chandranaik

Karnataka High Court · Decided on 7 December 2011

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
MFA No. 1912 of 2011 (MV) (SJ)

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Judgment

20 paragraphs · 217 words

Huluvadi G. Ramesh

1.

Misc. Cvl.No. 4700/ 2011 filed for condensation of delay of 30 days in preferring the appeal is allowed. Delay is condoned subject to the condition that claimant would not be entitled for interest for the delay period on the enhanced amount of compensation.

2.

This appeal is by the claimant seeking for enhancement of compensation as against the award passed by the Additional District Judge (Fast Track Court), Chitradurga in MVC No. 640/2008 dated 27.09.2010.

3.

The Tribunal has awarded the compensation of Rs. 1,25,300/- on the following heads.

Pain and Agony

Rs. 5,000.00

Medical expenses

Rs. 8,000.00

Future loss of income

Rs. 1,08,000.00

Loss of earring daring the treatment

Rs. 1,000.00

Food and nourishment

Rs. 1,000.00

TOTAL

Rs. 1,25,800/-

4, Claimant has sustained injuries in the accident occurred on 12.12.2007 due to the rash and negligent driving of the driver of the Autorikshaw bearing No. KA-16-A-5015. The claimant has sustained grievous injuries i.e., fracture of right maxillary bone.

5.

Heard.

6.

Having regard to the nature of injuries sustained claimant would be entitled for another sum of Rs. 10,000/- 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.