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Judgment
Hon''ble Mr Justice Huluvadi G. Ramesh
Appeal is by the claimant seeking for Enhancement, as against the award passed by the MACT IV, Davangere in MVC 401/2008 on 21.1.2010.
Claimant met with a motor vehicle accident on 23.1 2008 and in the accident, the offending vehicle viz., Laxmi Bus dashed against the claimant''s motor cycle and the Claimant sustained injuries to his right let heel. There is also fracture of the metatarsal bone and calcareous and his right foot had been operated upon. The Tribunal holding that the accident was due to the negligence on the part of the driver of the offending vehicle, since the vehicle was insured, awarded compensation of Rs. 45,000/- with 6% interest and fastened the liability on the insurance company. Not satisfied with the same, the claimant is before this Court.
Heard the counsel representing the parties.
According to the appellant''s counsel, though the claimant was operated and Rs. 25,000/- was spent, only a meagre amount is awarded. No compensation is awarded on the head - pain and suffering and also loss of amenities. Even the percentage of disability taken is on the lower side.
According to the respondent''s counsel, the compensation awarded is just and proper and the claimant has not suffered any disability.
On a perusal of the award, it is seen the claimant has not been awarded any compensation for pain and suffering for which he is entitled for Rs. 15,000/-. Claimant is said to have spent nearly Rs. 25,000/-towards medical expenses and only Rs. 15,000/- is shown to have been awarded and under this head, he is entitled for another Rs. 8,000/-. So far as loss of amenities is concerned, having regard to the nature of injury and disability suffered, another Rs. 6,000/- is awarded. Thus, the claimant is entitled to another Rs. 29,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. The amount shall be paid within three months.
Appeal is allowed in part. Sri A M Venkatesh is permitted to file vakalath within four weeks.