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Judgment
Huluvadi G. Ramesh, J.—Heard. The delay of 125 days in filing the appeal is condoned. Misc. Cvl. No. 11463/2011 is allowed accordingly.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the MACT, Arkalgud, in MVC No. 20/2009, dated 29.10.2010.
On 17.03.2008 in the evening around 5.00 P.M., near Ragimarur village, while the claimant was proceeding by the side of the road towards his house from the school, at that time, a motor bike bearing registration No. KA.13-S-6872 came from Piriyapattana side in a rash and negligent manner and dashed against him due to which he sustained fracture of tibia and minor injury to the left leg. The claim petition filed was contested. After enquiry, the Tribunal held that the accident occurred due to rash and negligent driving of the rider of the motor cycle in question and awarded a compensation of Rs. 65,000/- with interest at 6% p.a. from the date of petition till payment under the following heads:
Being not satisfied with the quantum of compensation awarded by the Tribunal, the present appeal is filed.
As per the medical evidence, claimant sustained fracture of left tibia and was in-patient for 20 days in Manjunatha Hospital, Hassan and also underwent operation. P.W. 2-doctor assessed the disability at 15% to the left lower limb and 5% to the whole body. As per the decision of the Supreme Court in Master Mallikarjun Vs. Divisional Manager, The National Insurance Company Limited and Another, , in the case of children suffering disability, appropriate compensation on all the other heads in addition to actual expenditure for treatment and attendant charges upto 10% permanent disability, is Rs. 1,00,000/- unless there are exceptional circumstances. Thus, in view of the aforesaid said decision, the claimant is entitled to the compensation of Rs. 1,00,000/- as he has suffered 5% disability for the whole body, Rs. 15,000/- towards medical and other expenses and Rs. 5,000/- towards attendant charges, along with interest thereon at 6% p.a. Thus, the claimant is entitled for a total compensation of Rs. 1,20,000/-. Further, the claimant is not entitled for interest for the delayed period of 125 days on the enhanced amount.
Accordingly, the appeal is allowed-in-part. The Insurer is directed to deposit the compensation amount with interest within two months.
Shri D. Vijaya Kumar, learned Counsel shall file vakalath for respondent No. 2 within four weeks.