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Judgment
Huluvadi G. Ramesh
Delay of 161 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. Misc.Cvl.5015/2011 is allowed.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Civil Judge (Sr.Dn.) and Addl. MACT, Hiriyur in MVC No. 129/2007.
The claimant has sustained injuries in the accident occurred on 11.1.2007 near Hiriyur due to the negligence of the driver of the lorry bearing No. HR 55 D 2162 on the national highway No.4. He has sustained a lacerated wound over the forehead, incised wound on the temporal region of 2x2 cm, tenderness on the chest and abrasion over the right forearm and also on the right leg. There is a fracture of 8th rib. The Tribunal has awarded a total compensation of Rs.21,000/- with 6% interest. Being not satisfied, the claimant is before this Court.
Heard.
Having regard to the injuries suffered, the claimant could be awarded another Rs.25,000/- over and above what has been awarded by the Tribunal, which shall carry 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part.