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Judgment
Huluvadi G. Ramesh
Delay of 802 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. Misc.Cvl. 16456/2011 is allowed.
2 This appeal is by the claimant seeking enhancement of compensation as against the award passed by the II Add}. Civil Judge (Sr.Dn.) & AMACT, Shimoga in MVC No.391/2003.
The claimant has sustained injuries in the accident occurred on 9.7.2003 due to the negligence of the driver of the police jeep bearing No.KA14 G 392. He was treated at Mc.Gann Hospital, Shimoga and then at KMC Hospital. Manipal and was inpatient for 30 days. As per the medical evidence, claimant has sustained fracture of the right tibia and fibula. The Tribunal has awarded a total compensation of Rs. 1,79,000/- under the following head :
Medical expenses Rs. 50.000/-
Loss of income Rs. 9,000/-
Pain and suffering Rs. 1,00.000/-
Future medical expenses Rs. 20.000/-
Being not satisfied, the claimant is before this Court.
Heard.
Claimant could be awarded Rs. 10,000/- on the head loss of amenities and enjoyment in life and Rs.5,000/- towards incidental expenses. On all other heads he has been suitably awarded, Thus, claimant would be entitled for Rs. 15,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part. Consequently, Misc.Cvl. 16457/2011 filed for production of additional documents is also disposed of.