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Judgment
Huluvadi G. Ramesh
Appeal is by the claimant for enhancing compensation against the award passed by the Fast Track Court, Channarayapatna in MVC 164/2011 on 8.6.2011. Claimant sustained injuries in the accident on 15.2.2009 around 7.15 p.m when he was going in an autorickshaw beairng No. KA 16 A 146 near Hiresavi Nuggehalli Road near Narasimharajapura gate due to the negligence of the driver of the Tata Indica Car bearing No. KA 43 0537 who dashed against the autorickshaw. In that, claimant sustained grievous injuries. In the claim petition filed, Tribunal having held that the accident was due to negligence of the driver of the car in question, awarded compensation of Rs. 18,000/- on the following heads:
Pain & suffering
Rs. 10,000/-
Loss of income during treatment
Rs. 3,000/-
Medical Expenses
Rs. 5,000/-
Not satisfied with the quantum of compensation, this appeal.
Heard the counsel representing the parties.
Claimant has sustained fracture of the 3, 4 and 5th ribs on the left side of the chest and other two simple injuries. The disability is assessed at 6% to the chest portion. Claimant is an agricultural coolie earning Rs. 6,000/- per month.
Having regard to the nature of injuries suffered, claimant could be awarded another Rs. 10,000/- towards pain and suffering; Rs. 15,000/- towards loss of amenities and enjoyment in life and Rs. 6,000/- towards loss of earnings during treatment. Having regard to the nature of disability stated and the age of the claimant, he is awarded another Rs. 20,000/- towards loss future earning due to disability. Thus, claimant would be entitled to Rs. 51,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Appeal is allowed in part.