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Judgment
H.G. Ramesh
Accepting the cause shown, the delay of 203 days in filing the appeal is condoned. Misc.Cvl.2542/2009 is allowed accordingly.
The Appeal is heard for admission. By the impugned judgment dated 31.01.2008 in M.V.C No. 1189/2006, Fast Track Court - I, Shimoga has awarded a compensation of Rs.41,580/- along with interest thereon at 6% per annum from the date of the claim petition till the date of payment to the appellant/claimant who had suffered a fracture in a road traffic accident that occurred on 19.12.2001.
The Tribunal has discussed the assessment of compensation at Paragraphs 11 &12 of the judgment. As could be seen from the said paragraphs, no Doctor was examined in support of the claim. Ex.P4 - the wound certificate would show that the appellant had suffered a fracture in his left leg. The Tribunal has assessed the compensation at Rs.41,580/- under the following heads:
a) For fracture, pain and agony:
Rs.25,000-00
b) For special diet and attendant: charges during the period of treatment.
Rs. 5,000-00
c) Medical expenditure supported by bills.
Rs. 11,579-00
Total
Rs.41,579-00
Rounded off to
Rs.41.580-00
In the absence of any medical evidence relating to any kind of disability suffered by the appellant, the compensation assessed at Rs.41,580/- under the above heads cannot be said to be on the lower side to warrant any enhancement. The appeal is devoid of merit and is accordingly dismissed.
Appeal dismissed.