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Judgment
Huluvadi G Ramesh
Accepting the cause shown, the delay of 143 days in filing the appeal is condoned. However, the claimants are not entitled to interest for the delay period. This appeal is against the award dated 21.3.2011 passed by the Fast Track Court and MACT, Mangalore, in MVC No. 1494/2009.
The claimant sustained injuries in the accident occurred on 16.7.2009 at around 9.45 a.m. near Badaga Basadi, Marpady Village, when the Bus bearing No. KA-19/A-9654 dashed against the auto rickshaw in which the claimant was travelling.
In the claim petition filed, the Tribunal has held that accident was due to the rash and negligent driving of the driver of the Bus and awarded compensation of Rs. 2,28,000/-on the following heads.
Towards injury, pain, sufferings and mental agony
Rs. 30,000/-
Medical expenses
Rs. 72,000/-
Incidental charges which includes food, nourishment, attendant charges and conveyance
Rs. 4,000/-
Loss of future earnings or earning capacity
Rs. 92,000/-
Loss of income during the period of treatment
Rs. 15,000/-
Loss of amenities and enjoyment of life
Rs. 15,000/-
Total
Rs. 2,28,000/-
The claimant is said to have sustained injuries in the accident occurred namely, fracture of proximal phalanx of ring finger, fracture of proximal phalanx of little finger, dislocation of 5th cervical vertebra on 6th cervical vertebral body indenting over the theca and the cord.
Considering the nature of injuries suffered, the claimant would be entitled to Rs. 20,000/- over and above the compensation awarded by the Tribunal with 6% interest from the date of petition till the date of deposit. The insurer to deposit the amount within three weeks from the date of receipt of a copy of this order. Appeal is allowed in part.