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Judgment
Huluvadi G. Ramesh
Misc. Cvl No. 15489/2011 is allowed and delay of 627 days in filing the appeal is condoned subject to the condition that claimant is not entitled for interest for the delay period on the enhanced compensation, if any. Notice to respondent No. 2 is dispensed with.
This appeal is by the claimants against the Judgment & Award dated 4-8-2009 passed by the Prl. Civil Judge (Sr.Dn) & Addl. MACT, Hassan, in MVC No. 729/2007 for enhancement of compensation
On 25-8-2006 when the claimant was walking on Hassan-Salagame road, motorcycle bearing No. KA 13 R 3728 came in a rash and negligent manner and dashed against the petitioner. Due to the impact, the claimant sustained grievous injuries. He took treatment in the Government Hospital at Hassan. In the claim petition filed, tribunal held that the accident was due to rash and negligent riding of motorcycle and awarded compensation of Rs. 56,200/- under different heads Being not satisfied with the quantum of conpensation, the claimant has filed this appeal for enhancement.
The claimant has sustained fracture of mallelous right and other injuries. Despite treatment, the claimant suffered 10% permanent disability to the right leg. Taking into consideration the nature of injuries, the disability and other aspects, the claimant would be awarded further compensation as under:-
Loss of amenities & enjoyment
Rs. 10,000
Diet, conveyance & attendant charges
5,000
Medical expenses
8,000
Loss of earning during laid-up period
7,000
TOTAL:
Rs. 40,000
Accordingly, the appeal is partly allowed. The judgment and award of the Tribunal is modified enhancing the compensation by Rs. 40,000/- with interest at 6% p.a. from the date of petition till the date of deposit excluding for the delay period. The first respondent shall deposit the enhanced compensation with interest as above within three months.