MALLIKARJUNA S/O LATE SHRI BASAPPA Vs. THE MANAGING DIRECTOR K.S.R.T.C., K.H. ROAD SHANTHINAGAR BANGALORE - 560027

JUDGEMENT

(1.) ACCEPTING the cause shown, the delay of 331 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 19.7.2010 passed by the 12th Addl. Small Causes Judge and Addl. MACT, Bangalore, in MVC No. 1048/2009.

(2.) ON 10.11.2008 at about 9.15 p.m. when the claimant was proceeding on a Bajaj Pulsar motor cycle bearing registration No. AP -03 -K -1101 along left side of the National Highway and came near Bhadramma Circle within the limits of Tumkur Town, a KSRTC Bus bearing registration No. KA -29 -F -846 came in a rash and negligent manner and dashed against the motor cycle of the claimant. As a result, the claimant sustained grievous injuries.

(3.) THE claimant is said to have sustained fracture of the left clavicle and cut lacerated wound over the right 4th toe. The Doctor has assessed the disability at 30% of the left upper limb. The claimant is said to be Driver -cum -Owner of the Goods Tempo vehicle. Taking the disability at around 7 -8% and having regard to the injury to the shoulder, the claimant would be entitled to another sum of Rs. 35,000/ -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 future earning'. 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.