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Judgment
Huluvadi G. Ramesh
Delay of 523 days in preferring the appeal is condoned subject to the condition that, appellant is not entitled for for the delay period, on the enhanced amount of compensation. Misc. Cvl. 16546/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Prl. Civil Judge (Sr.Dn.) & Addl. MACT, Hassan in M.V.C.No. 192/2008 dated 16.10.2009.
Claimant has sustained accidental injuries on 1.8.2007 near Byrapura bus stand, Hassan, due to the negligence of the driver of the lorry bearing No.KA12 A 5505. The Tribunal, after enquiry, has awarded Rs. 18,000/- with 6% interest. Hence, this appeal.
Heard.
As per Ex. P3, wound certificate, claimant is said to have sustained fracture of the nasal bone and lacerated cut injury to the frontal bone. Claimant is entitled for another Rs. 10,000/- towards pain and suffering, another Rs. 5,000/- towards incidental expenses and Rs. 15,000/- towards loss of amenities and enjoyment in life. Thus, claimant would be entitled for Rs. 30,000/- over and above what has been awarded by the Tribunal with 6% interest form the date of petition till deposit.
Appeal is allowed in part.