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Judgment
Huluvadi G. Ramesh
Delay of 34 days in filing the appeals is condoned subject to the condition that appellants would not be entitled for interest for the delay period on the enhanced amount of compensation. Misc. Cvls. 8419/2011 and 8421/2011 are allowed.
These appeals are by the claimants seeking enhancement of compensation as against the award passed by the Civil Judge (Sr.Dn.), Challakere in M.V.C. Nos.29/2009 and 30/2009 respectively.
Claimants have sustained injuries in the accident occurred on 18.11.2008 due to the negligence of the driver of the tractor trailer bearing No.KA 35 T 4778-79 near Davangere on Bevour-Kottur road while they were going on a TVS XL vehicle bearing No.KA35 R 796 as a rider and pillion rider respectively. After enquiry., the Tribunal has awarded compensation of Rs.57,400/- in M.V.C.No.29/2009 and Rs. 13,000/- in M.V.C.No.30/2009.
Heard.
Claimant in MFA No.3326/2011 has sustained tenderness over right wrist joint and right hand and other three simple injuries and the doctor has assessed the disability at 5% to the whole body. He was a computer operator and also a student. Claimant would be awarded another Rs. 12.000/-towards loss of amenities and enjoyment in life; another Rs.5,000/- towards pain and suffering; another Rs.5,000/-towards incidental expenses; another Rs.5,000/- towards less of income during the laid up period and another Rs.3,000/-towards incidental expenses.
Claimant in MFA No.3325/2011 has lost upper medial incisors and upper lateral incisor. The Tribunal has awarded Rs. 13,000/- as a global compensation. Since claimant has lost two teeth i.e., upper middle incisors, injury to the knee joint, abrasion on the left forehead and also on the maxilla, he could be awarded another Rs. 15,000/- over and above what has been awarded by the Tribunal.
Thus, claimant in MFA No.3326/2011 would be entitled for Rs.30,000/- and the claimant in MFA No.3325/2011 would be entitled for Rs. 15,000/- respectively, 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.
Appeals are allowed in part.