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Judgment
Huluvadi G. Ramesh
Notice to R2 is dispensed with.
This appeal is by the claimant seeking for enhancement of compensation as against the award passed by the Presiding Officer, Fast Tract Court & Additional MACT, Hassan in MVC No. 883/2010 dated 06.04.2011.
Claimant has sustained injuries in the accident occurred on 25.02.2010 at about 11:45 p.m., near Dasar Kopplu Village, Hassan due to the rash and negligent driving of the driver of the Tata Sumo bearing No. KA-20-M4089. The claimant has sustained four injuries out of which, three are simple in nature and one is grievous in nature i.e., fracture of tibia bone and was treated at Hospital in Hassan.
Tribunal has awarded the compensation of Rs. 1,08,000/- on the following heads.
Rain injuries & suffering
Rs. . 20,000.00
Medical expenses.
Rs. . 20,000.00
Loss of Future Earning
Rs. . 50,000.00
Loss of amenities and enjoyment In life
Rs. . 10,000.00
Towards nourishment
Rs. . 4,000.00
Towards attendant charges
Rs. . 2,000.00
Loss of earnings during the Period of treatment and rest
Rs. . 2,000.00
TOTAL
Rs. . 1,08.000
The claimant is aged about 23 years. As per the evidence of the doctor, disability is assessed at 8% by the tribunal though the doctor has assessed the disability at 25% to the particular limb.
Having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs. .15,000/- towards pain and suffering another sum of Rs. . 10,000/-towards loss of amenities and enjoyment in life, another sum of Rs. .10,000/- towards diet, conveyance attendance charges and medical expenses and another sum of Rs. .5,000/- loss of income during laid up period.
Thus, claimant would be entitled for Rs. .40,000/- 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.