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Judgment
Huluvadi G. Ramesh, J.—Delay of 286 days in preferring the appeal is condoned, subject to the condition that appellant would not he entitled for interest on the delay period on the enhanced amount of compensation. Misc. Cvl. 23062/2010 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the IV Addl. Civil Judge (Sr.Dn.) and MACT, Mysore in MVC No. 150/2004 dated 23.10.2009.
Claimant has sustained injuries in the accident occurred on 18.02.2003 when a goods auto bearing No. KA 09 A 1682 came and dashed against him, while he was standing near APMC gate at Mysore, due to which he sustained injuries. He was treated at JSS Hospital, Mysore. The Tribunal having held that the accident was due to the negligence of the goods Auto Driver, fastening the liability on the insurer, has awarded a total compensation of Rs. 1,03,752/-. Hence, this appeal seeking enhancement of compensation.
Heard.
As per the medical evidence, the claimant has sustained grievous injury to the left knee and to the right side of the back, injury to the forehead and also other parts of the body. He is said to have suffered 35% disability to the right limb. He has been awarded compensation on the following heads:
Future loss
R s. 55.000/-
Loss of earning
Rs. 10,800/-
Conveyance and extra Nourishment
Rs. 5,000/-
Pain and suffering
Rs. 10,000/-
Disablement
Rs. 10,000/-
Medical expenditure
Rs. 12.952A
Having regard to the injuries suffered, the claimam could be awarded another Rs. 15.000/- under the head pain and suffering; towards loss of amenities Rs. 15,000/-; another Rs. 5,000/- towards attendant charges and another Rs. 5,000/-towards medical expenses. Thus, the claimant would be entitled for Rs. 40,000/- 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 within three months.