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Judgment
Huluvadi G. Ramesh
Notice to respondents 2 and 3 is dispensed with.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the MACT No. V, Small Causes Judge. Bangalore, in M.V.C. No. 957/2010.
Claimant has sustained injuries in the accident occurred on 23.1.2010, due to the negligence of the driver of the tipper lorry hearing No. KA 06 D 6999 on Kanakapura road while he was going on a motorcycle bearing No. KA05 EX 5524. The Tribunal has awarded a total compensation of Rs. 2,48,500/- on the following heads:
Medical expenses
Rs. 1,81,000/-
Loss of income
Rs. 22,500/-
Pain and suffering
Rs. 35.000/-
Loss of amenities
Rs. 10,000/-
Being not satisfied, the claimant is before this Court.
Heard.
The claimant has sustained a blunt injury on the abdomen, laceration to the lever and nasal tip skin avulsion. He has undergone laproscopy, laprotomy and liver resection and he was inpatient for several days.
Learned counsel for the appellant has submitted that she claimant has lost his job on account of the injuries sustained. However, in the entire judgment nothing has been whispered us to the percentage of disability suffered by the claimant due to the internal injury sustained. In the absence of any such disability being assessed, is would be difficult to asses the disability and award compensation on the head of loss of future earning. As such, while maintaining the quantum of compensation awarded on all the heads, except on the head loss of future earning due to disability, for the limited purpose, matter is remitted to the Tribunal for disposal of the matter in accordance with law by permitting the appellant to lead additional evidence of the Doctor who has treated him as to the percentage of disability suffered by him.
Accordingly, appeal is disposed of.