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Judgment
Huluvadi G. Ramesh, J.—This appeal is by the claimant for enhancement of compensation against the award passed by the II Additional District Judge and MACT-III, D.K. Mangalore, in MVC No. 211/2006 dated 3.6.2010.
Tribunal awarded compensation of Rs. 2,82,400/- with interest at 6% p.a. for the injuries sustained by the claimant in the accident occurred on 18.12.2005 in the night around 10.15 p.m. when she was travelling as a pillion rider on the motorcycle bearing No. 19-Q-4766. When the vehicle reached opposite Sahara Hospital at Permannur village on NH. 17, at that time, the Jeep bearing No. KL-5-F-6199 coming from Kasargod side, dashed to the motorcycle on which the claimant was travelling. Being not satisfied with the compensation awarded by the Tribunal, claimant is before this Court for enhancement.
Heard the learned counsel appearing for both the parties.
As per the medical evidence, claimant has sustained fracture of 2nd and 6th ribs (right) with Haemopnumo thorax of left lung contusion, swelling with tenderness and deformity in left leg. X-ray of left leg showed fracture of tibia and fibula, tenderness and deformity of left arm. X-ray also showed the fracture of left humerus, lacerated wound on right eyelid, abrasion on right side neck, and lacerated wound on the upper lip.
Having regard to the nature of injuries sustained, claimant would be awarded another Rs. 15,000/- towards pain and suffering, Rs. 10,000/- towards loss of amenities and enjoyment in life, Rs. 10,000/- towards loss of income during laid up period and Rs. 15,000/- towards incidental expenses. Thus, claimants are entitled for Rs. 50,000/- over and above what has been awarded by the Tribunal with interest @ 6% p.a. from the date of petition till deposit.
Insurer to deposit the amount within three months.
Appeal is allowed in part.
Sri B.A. Ramakrishna, is permitted to file Vakalath for respondent No. 4 in four weeks.