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Judgment
Huluvadi G. Ramesh, J.—This appeal is by the claimant for enhancement of compensation against the award passed by the Fast Track Court-IV and Additional M.A.C.T., Mysore, in M.V.C. No. 1192/2009 dated 22.8.2010.
On. 5.4.2009 when the claimant and his brother-in-law were going on their bicycle on Mysore-Bangalore road, near Toll gate around 9.30 in the evening, Santro Car bearing registration No. KA.09/3838 came in high speed in a rash and negligent manner and hit the bicycle from behind. Due to the impact, claimant fell down and sustained grievous injuries and was inpatient for 25 days. He is said to be earning Rs. 6,000/- per month by doing coolie work. In the claim petition filed by the claimant, on matter being contested by the respondent insurer, the Tribunal after enquiry held that the accident was due to the negligence on the part of the driver of the Santro Car.
Having regard to the nature of injuries sustained i.e. fracture of both the bones and also fracture of the distal end of 5th metatarsal bone, claimant would be entitled for another Rs. 10,000/- towards pain and suffering, another Rs. 15,000/- towards diet, conveyance and attendant charges, another Rs. 5,000/- towards medical expenses, another Rs. 30,000/- towards loss of amenities and enjoyment in life. The claimant was aged about 19 years as on the date of accident, due to the fracture of both the bones,... there is said to be disability, for which taking the notional income, claimant is entitled for another Rs. 25,000/- towards loss of future income due to disability. Thus, claimant would be entitled for Rs. 85,000/- over and above what has been awarded by the Tribunal with interest @ 6% p.a. from the date of petition till deposit. Insurer to deposit the amount within three month.
Appeal is allowed in part.