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Judgment
Huluvadi. G. Ramesh, J.—Sri M. Narayanappa, learned counsel is directed to take notice for R-2.
This appeal is by the claimant seeking for enhancement of compensation, as against the award passed by the MACT, Puttur in MVC No. 102/2005,
Heard.
The claimant who was travelling on a scooter has suffered injuries in the accident occurred on 23.11.2004 between the scooter and the lorry. The Tribunal having found the driver of the lorry negligent, has fastened the liability on the insurer-National Insurance Company and has awarded a total compensation of Rs. 27,531/-. Being not satisfied, the claimant is before this Court.
As per the wound certificate, the claimant has sustained a laceration over the forehead of 7 cm. and a sub-arachnoid hemorrhage. He was treated at K.M.C. Hospital and was said to be inpatient for about 20 days. The claimant has been awarded compensation on the following heads:
1
Pain and suffering
Rs. 10,000/-
2
Medical expenses
Rs. 11,531/-
3
Attendant charges
Rs. 2.000/-
4.
Loss of earning
Rs. 2,000/-
5.
Nutritious food
Rs. 2.000/-
As per the submission, the Tribunal did not take into consideration the advance amount paid to the hospital and also on the head pain and suffering, sufficient amount has not been awarded. Having regard to the nature of injuries sustained, another Rs. 10,000/- has been awarded towards pain and suffering and another Rs. 15,000/- is awarded towards medical expenses and towards diet Conveyance and loss of earning all put together, another Rs. 10,000/- has been granted. Totally, the claimant is entitled for Rs. 35,000/-, over and above what has been awarded by the Tribunal, with 6% interest from the date of petition till deposit. The Insurer/National Insurance Company to deposit the enhanced amount within three months.
Sri M. Narayanappa, learned counsel is directed to file his vakaiath within four weeks.