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Judgment
Huluvadi G. Ramesh
This appeal is by the claimant against the judgment and award dated 22.8.2011 passed in MVC No. 4434/2010 on the file of the XX Additional Judge and XVIII ACMM Bangalore. On 24.4.2010, the claimant was proceeding on his motorcycle bearing registration No.KAO1 H 8808 on the service road of Hosur main road near Chikkabegur gate on the left side of the road around 7.45 p.m., when the driver of Eicher Canter bearing registration No. KA 15 5583 came from opposite direction in a rash and negligent manner and dashed against his motorcycle as a result of which, he fell down and sustained grievous injuries. He was shifted to NIMHANS Hospital and thereafter, has taken treatment at Kaveri Nursing Home, Madivala. He is said to be earning Rs. 15,000/- per month as a Supervisor in a Private Company. On the claim petition filed, the Tribunal has held that the accident was due to the negligence on the part of the driver of the vehicle in question and awarded a compensation of Rs. 1,60,450/- under the following heads:
i
loss of future income
Rs.77,800/-
ii
Loss of income during the laid up period of five days
Rs. 750/-
iii
pain and suffering
Rs. 10,000/-
iv
Transportation charges
Rs. 5,000/-
v
Special Food and nutrition
Rs. 1000/-
vi
loss of amenities of life frustration, disappointment inconvenience etc.
Rs. 10,000/-
vii
Medical expenses
Rs.55,400/-
viii
Attendant charges
Rs. 500/-
Total
Rs.1,60,450/-
Being not satisfied with the compensation awarded, the appellant is before this Court seeking enhancement of compensation.
Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent no. 2. As per the medical evidence, the claimant is said to have sustained fracture of the mandible, maxilla and right clavicle. The disability is assessed at 16.5% to the whole body. Having regard to the nature of injuries sustained and the disability suffered, the claimant could be awarded a further sum of Rs. 15,000/- under the head pain and suffering, a sum of Rs. 10,000/- under the Mad loss of amenities, a sum of Rs. 4,000/- under the head loss of income during the period of treatment and a sum of Rs. 8000/- under the head incidental charges. Thus, in all the claimant would be entitled to a compensation of Rs. 37,000/- over and above what has been awarded by the Tribunal with interest @ 6% per annum from the date of petition till the date of deposit. The respondent no. 2 - Insurance Company to deposit the award amount within three months from the date of receipt of a certified copy of the order. Accordingly, the appeal is allowed in part.