MANJU Vs. V.H. DEVARAJ

JUDGEMENT

(1.) HEARD . The delay of 125 days in filing the appeal is condoned. Misc. Cvl. No. 11463/2011 is allowed accordingly.

(2.) THIS appeal is by the claimant seeking enhancement of compensation as against the award passed by the MACT, Arkalgud, in MVC No. 20/2009, dated 29.10.2010.

(3.) AS per the medical evidence, claimant sustained fracture of left tibia and was in -patient for 20 days in Manjunatha Hospital, Hassan and also underwent operation. P.W. 2 -doctor assessed the disability at 15% to the left lower limb and 5% to the whole body. As per the decision of the Supreme Court in Mallikarjun Vs. Divisional Manager, National Insurance Co. Ltd. and another, reported in : 2013 ACJ 2445, in the case of children suffering disability, appropriate compensation on all the other heads in addition to actual expenditure for treatment and attendant charges upto 10% permanent disability, is Rs. 1,00,000/ - unless there are exceptional circumstances. Thus, in view of the aforesaid said decision, the claimant is entitled to the compensation of Rs. 1,00,000/ - as he has suffered 5% disability for the whole body, Rs. 15,000/ - towards medical and other expenses and Rs. 5,000/ - towards attendant charges, along with interest thereon at 6% p.a. Thus, the claimant is entitled for a total compensation of Rs. 1,20,000/ -. Further, the claimant is not entitled for interest for the delayed period of 125 days on the enhanced amount.