Ravi, Represented By His Natural Guardian Father Nanjundanayaka vs Kumar G. Ronad

Huluvadi. G. Ramesh

Delay of 128 days in filing the appeals is condoned subject to the condition that appellants would not be entitled for interest for the delay period on the enhanced amount of compensation. Misc.Cvls. 17582/2010, 17583/2010 and 17589/2010 are allowed.

These appeals are by the claimants seeking enhancement of compensation as against the award passed by the Fast Track Court No.IV and Addl. MACT, Mysore in MVC Nos.1097 to 1099/2006.

These common appeals arise out of the incident occurred on 17.6.2005 in a public function i.e., inauguration of widening of the road near Yalwala village of Mysore, wherein due to the negligence of the JCB operator, the bucket of the said JCB fell on the legs of the claimants due to which, they sustained injuries. The Tribunal has awarded a compensation of Rs. 1,01,000/- in MVC No. 1097/2006, Rs. 83,000/- in MVC No 1098/2006 and Rs. 21,100/- in MVC No. 1099/2006. Being not satisfied, the claimants are before this Court.

Heard.

The claimant in MVC No. 1097/2006 has lost four toes of the right foot due to the fall of the bucket, which have been amputated. Medical bill was produced for Rs. 28,152/-. The Doctor who has examined the injured has assessed the disability at 25%. The claimant has been awarded on the following heads:

Pain and suffering

Rs. 30,000/-

Medical expenses & attendant

Charges

Rs. 35,000/-

Towards permanent disability

Rs. 36,000/-

He could be awarded another Rs. 25,000/- on the head loss of amenities and future enjoyment in life and another Rs. 10,000/-towards incidental expenses. Thus, claimant would be entitled for Rs. 35,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit.

In MVC No. 1098/2006, the Tribunal has awarded Rs. 83,000/- on the following heads:

Pain and suffering

Rs. 20,000/-

Medical expenses & attendant Charges

Rs. 54,000/-

Loss of income

Rs. 6,000/-

Loss of amenities

Rs. 3,000/-

The claimant has sustained dislocation of the great toe, tip fracture of lateral malleous and also anterior tibial vessels were crushed and also mere is an injury to the ankle. He was inpatient for 57 days. Medical bill was produced for Rs. 56,000/-. Claimant could be awarded another Rs. 10,000/-on the head pain and suffering; another Rs. 25,000/- towards loss of amenities and enjoyment in life and another Rs. 20,000/-towards loss of future earning due to disability which is assessed at 5%. Thus, claimant would be entitled for Rs. 55,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit.

In MVC No. 1099/2006, the Tribunal has awarded Rs. 21,100/- on the following heads:

Pain and suffering

Rs 10,000/-

Medical expenses & attendant

Charges

Rs. 9,000/-

Loss of income

Rs. 2,100/-

Claimant has sustained fracture of the right toe. He was inpatient for seven days. Claimant could be awarded another Rs. 15,000/- over and above what has been awarded by the Tribunal, towards pain and suffering, loss of amenities and incidental expenses, with 6% interest from the date of petition till deposit.

8.Appeals are allowed in part. Insurer to deposit the amount in three months.