H. KRISHNA, BANASHANKARI BANGALORE- 85 Vs. ICICI GENERAL INSURANCE CO. LTD. PRESTIGE GORINCHE NO. 62/1, II FLOOR, RICHMOND ROAD, BANGALORE-560 025 BY ITS MANAGER AND SRI. SHIVAJI RAO, MAJOR S/O NAGENDRA RAO NO. 7, NEW QUARTERS THATAGUNI ESTATE P

JUDGEMENT

(1.) THERE is a delay of 11 days in filing the appeal. Cause shown is accepted. Delay of 11 days in filing the appeal is condoned. Accordingly. Misc. Cvl. No. 11504/2010 is allowed.

(2.) THIS is a claimant's appeal against the judgment and award dated 3.8.2009 in MVC No. 3232/2008 on the file of the MACT. Bangalore seeking enhancement of compensation,

(3.) IT is not in dispute that the claimant had suffered fracture of surgical neck of humerus and medical condyle fracture of left tibia. He was treated as inpatient. Doctor has stated disability of 14% to the whole body. However, there is no assessment to the limb, as such, Tribunal has taken disability of 8% and income at Rs. 3,000/ - p.m. and calculated loss of future income at Rs. 46,080/ -. It is not in dispute that the accident is of the year 2008 and the claimant is a driver. His salary could net have been less than Rs. 5,000/ - p.m. as he has produced the proof of driving license Hence, taking the income at Rs. 5,000/ - p.m. and disability of 3%, claimant is entitled for Rs. 400/ - x 12 x 16 = Rs. 76,800/ - towards loss of future income as against Rs. 46,080/ - awarded by the Tribunal, hence, additional compensation of Rs. 30,720/ - rounded off to Rs. 31,000/ - is awarded under this head. Claimant is also entitled for additional compensation of Rs. 10,000/ - towards future medical expenses, Rs. 5,000/ - towards incidental expenses and Rs. 6,000/ - towards loss of income during laid up period. In all, the claimant is entitled to compensation of Rs. 52,000/ - over and above the compensation awarded by the Tribunal, with interest.