AI Structured Summary
Not yet generated for this judgment
Judgment
Huluvadi G. Ramesh
Misc. Cvl. No-9319/2011 fifed for condo nation of delay of 616 days in preferring the appeal is allowed. Delay is condoned subject to the condition that claimant would not be entitled for interest for the delay period an the enhanced amount of compensation.
This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Civil Judge (Sr.Dn.) and MACT, Arkalgud in MVC No. 39/2008 dated 05.05.2009.
The claimant has sustained Injuries in the accident occurred on 25.01.2003, due to negligent driving of the driver of a. Tempo Tax bearing No. KA-12-5735. The claimant has sustained grievous injuries to the right femur and he s aged about 30 yeaRs.
The tribunal has awarded compensation of Rs. 43,500/- and the doctor has not been examined for assessment of disability, The tribunal has not awarded compensation on the head ''loss of future earning'' and also on other heads suitably.
In view of the above, the impugned order regarding the quantum of award is met aside and the matter is remitted to the tribunal The Tribunal shall permit the claimant to lead evidence as to the disability suffered by him by examining the doctor and re-assess the compensation Accordingly, the appeal is allowed.