PUTTASWAMY, S/O. RANGE GOWDA Vs. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., MANJUNATHA COMPLEX, BUS STAND ROAD, HASSAN 573201 AND VIJAY KUMAR, MAJOR, S/O. KANTHE GOWDA, LAXMISAGARA VILLAGE, BOOVANAHALLI POST, HASSAN TALUK

JUDGEMENT

(1.) Misc. Cvl No. 15489/2011 is allowed and delay of 627 days in filing the appeal is condoned subject to the condition that claimant is not entitled for interest for the delay period on the enhanced compensation, if any. Notice to respondent No. 2 is dispensed with.

(2.) THIS appeal is by the claimants against the Judgment and Award dated 4 -8 -2009 passed by the Prl. Civil Judge (Sr.Dn) and Addl. MACT, Hassan, in MVC No. 729/2007 for enhancement of compensation

(3.) THE claimant has sustained fracture of mallelous right and other injuries. Despite treatment, the claimant suffered 10% permanent disability to the right leg. Taking into consideration the nature of injuries, the disability and other aspects, the claimant would be awarded further compensation as under: - <FRM>JUDGEMENT_2107_TLKAR0_2012.html</FRM> Accordingly, the appeal is partly allowed. The judgment and award of the Tribunal is modified enhancing the compensation by Rs. 40,000/ - with interest at 6% p.a. from the date of petition till the date of deposit excluding for the delay period. The first respondent shall deposit the enhanced compensation with interest as above within three months.