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Judgment
Huluvadi G. Ramesh
Delay of 123 days is condoned. I.A.1/2012 is allowed. However, claimant is not entitled for interest for the delay period, on the enhanced amount of compensation. This appeal is by the claimant, seeking enhancement of compensation, as against the award passed by the Addl. District Judge and MACT-II, Hassan in MVC No. 1775/2008.
Claimant has sustained injuries in the accident occurred on 27.6.2008 around 12.30 p.m., while she was traveling in a maxi cab bearing No.KA 21 1076 to go to her village, on B.M. road on N.H. 48 at Sakleshpur town wherein a lorry bearing No. KL14 B 5175 dashed against the hind portion of the maxi cab. There is fracture of the 9th rib and one more injury She was treated at Crawford Hospital, Sakleshpura. The Tribunal having held that the accident was due to the negligence of the driver of the lorry in question, has awarded total compensation of Rs. 10,000/-.
Heard. According to the Learned Counsel for the appellant, the quantum of compensation awarded is meager. Even as per the wound certificate issued by the Crawford Hospital, Sakleshpur, claimant has sustained one grievous injury. However, claimant would be entitled for another 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.