Huluvadi G. Ramesh
1. Appeal is by the claiment seeking enhancement of campensation as ageinst the award passed by the I Additional Dietrict and Sessions Judge and MACT-II, Davangere in MVC No. 663/2010 on 35.4.2031.
2. The claimant has gustained injuries ''in the motor vehicle accident due to the nagligence of the rider of the Here Honda motor cycle bearing No. KA 17/R 1684 on 20.12.2006 around 7.30 p.m. near the land of Haleshappa, Muggida Ragihalli village, Davanagere Taluk, The Tribunal having held that the accident occurred due to the negligence on the part of the rider of the motor cycle, has fastened the liability on the insurer to pay a globai compensation of Rs. 75,000/- with 6% interest Being aggrieved, the claimant before this Court
3. Heard the counsel for the respective parties.
4. It appears, the claimant has sustained fracture of middls 1/3rd right Fibula apart from other injuries. The Tribunal, on consideration of material on record has awarded compensation on the following heeds:
|
Medical treatment end incidental expense |
( Rs. ) 7,000-00 |
|
Pain and agony suffered |
( Rs. ) 25,000-00 |
|
loss of expectation in tire and loss of amenities In life and loss of comfort atc., |
( Rs. ) 25,000-00 |
|
Future loss of income due to disability suffered |
( Rs. ) 13,500-00 |
|
Total loss of income during hospitalisation and bed rest |
( Rs. ) 4,500-00 |
|
TOTAL |
( Rs. ) 75,000-00 |
5. The doctor has opined that there is 20% disability. But, the Tribunal assessing disability at 5% has awarded Rs. 13,500/- towards future loss of income due to dissbility,
6. Having regard to the natura of Injuries sustained by the claimant, I deem it fit to award another sum of ( Rs. ) 20,000/- towards the head loss of earning due to disability, medical treatment and Incidental expenses. Thus, the claimant is entitled to ( Rs. ) 20,000/- over and above the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till deposit
Amount shall be deposited within three months.
Appeal is allowed in part.
