N. S. KIRAN Vs. KEMPEGOWDA S/O MARIGOWDA

JUDGEMENT

(1.) THE delay of 270 days in preferring the appeal is condoned. However., the claimant is not entitled to interest for the delay period on the enhanced compensation. This appeal by the claimant seeking enhancement of compensation is against the award dated 18.11.2010 passed by the Member, Addl. MACT, Srirangapatna, in MVC No. 1056/2009.

(2.) ON 24.1.2009 at about 6 p.m. when the claimant was going by walk along with his maternal uncle towards the Bus Stand of Pandavapura, on the left side of Pandavapura -Harohally road and came near BDO Office, the rider of the motor cycle bearing registration No. KA -11 -S -4701 came in a rash and negligent manner and dashed against the claimant. As a result, the claimant sustained injuries.

(3.) THE claimant is said to have sustained fracture of left elbow, dislocation of the left elbow and there was abnormal mobility. He was aged about 22 years as on the date of the accident. Having regard to the nature of injuries sustained, the claimant is entitled to another sum of Rs.10,000/ - over and above the compensation awarded by the Tribunal with 6% interest from the date of petition till the date of deposit, towards loss of income during laid -up period and other incidental expenses. Accordingly, the appeal is partly allowed. The Insurer to deposit the amount within three months from the date of receipt of a copy of this order.