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Judgment
Huluvadi G Ramesh
Appeal is filed seeking enhancement of the award passed by the Addl. MACT, Holakere in MVC 200/2010 on 17.6.2011.
On the claim petition filed, Tribunal has awarded a compensation of Rs. 1,16,750/- with 6% interest for the injuries sustained by the claimant in the accident on 5.1.2010 due to the negligence of the driver of bus bearing No. KA 18 A 2844.
Heard the counsel representing the parties.
Claimant has suffered fracture of both bones of the left leg. However, he has not examined the doctor.
In the absence of any evidence of the expert/doctor, taking the injury suffered by the claimant as it is who is a coolie aged 38 years and, as per the Feedback of treatment produced wherein it is stated that there is interlocking and nail introduced due to fracture, he could be awarded another Rs. 15.000/- towards pain and suffering. Another Rs. 15,000/- could be awarded towards loss of amenities and enjoyment in life; Rs. 10,000/- towards incidental expenses and Rs. 10.000/- towards loss of earning during laid up period. Thus, claimant would be entitled for another Rs. 50.000/- 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.