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Judgment
Huluvadi G. Ramesh
Sri. Hegde Mulkund is directed to take notice for R-2. Notice to R-1 is dispensed with.
This appeal is by the claimant seeking for enhancement of compensation as against the award, passed by the Addl. MACT. Sakleshpur in MVC No.118/2007 on 19.3.2010.
The claimant has sustained injuries in the motor vehicle accident due to the negligence of the rider of the motorcycle bearing No.KA13 Q 8368 on 20.12.2006 around 8.25 p.m. near Sakleshpur town. The Tribunal having held the rider of the motor cycle negligent, has fastened the liability or: the insurer to pay the compensation of Rs.33,000/- with 6% interest. Being aggrieved, the claimant is before this Court.
Heard
Claimant is said to have lost three incisors and also sustained incised wound of about 6x1x1 cm. over the left leg and also a cut lacerated wound on the left upper eyelid. The claimant has been awarded compensation on the following heads:
Pain and agony Rs. 10,000/-
Reasonable Medical expense Rs. 4,000/-
Future Medical expense Rs. 16,000/-
Loss of income during the Period of treatment Rs. 3,000/-
However, having regard to the loss of three teeth, another Rs.25,000/- has been awarded towards pain and agony Rs.5,000/- has been awarded towards loss of amenities. Thus, claimant is entitled to Rs.30,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Since there is a valid coverage, it is for the 2nd respondent-Insurer to deposit the amount, within three months.
Appeal is allowed in part.
Sri.Hegde Mulkund is directed to file his Vakalath within four weeks.