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Judgment
Subhash B Adi
Though the records were called for however, the matter is considered on merit. This is a claimants appeal against the judgment and award dated 27.9.2010 in MVC No. 245/2009 or the file of the MACT, Pandavapura seeking enhancement of compensation.
2 On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. 1,08,877.30 with interest. Unsatisfied with the same, claimant is before this Court.
Learned counsel for the appellant submits that, though the disability is taken at 8%, but the income taken by the Tribunal is only Rs. 3,000/- p.m. and no compensation has been awarded on the head of loss of amenities and also the compensation awarded towards pain and suffering is very low and requires enhancement. The accident is of the year 2007. Considering the same. I find that the income of the claimant could be taken at Rs. .4,500/- p.m. Accordingly, claimant is entitled for Rs. 360 x 12 x 18 = Rs. .77,760/- as against Rs. .51,840/- awarded by the Tribunal, hence, additional compensation of Rs. .25,920/- rounded off to Rs. .26,000/ is awarded under this head. Claimant is also entitled for additional compensation of Rs. 15,000/- towards amenities and Rs. 10,000/ towards pain and suffering. In all, the claimant is entitled to compensation of Rs. .51,000/- over and above the compensation awarded by Tribunal, with interest. On all other respects, (he award of the Tribunal stands unaltered.
Accordingly, the appeal is allowed in part.