Vadde Anitha, v. Smt Neeta Dattatrayi Shinde

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO MACMA MP No.3078 of 2010 in MACMA No. 139 of 2016 & MACMA No. 139 of 2016 COMMON ORDER :

Heard. Delay in filing the appeal is condoned subject to condition that the interest shall be payable on the enhanced amount, if any, from today only.

2) At request of both sides the appeal is taken up for hearing and perused the material on record. As per the evidence of Doctor, one of the members of the Medical Board though deposed as if 15% functional disability, stiffness of the right ankle among the three injuries, there is a crush injury to the right foot ankle joint with bone exposure and it shows fracture of only right 5th meta torsel and that other two are simple in nature and as per Ex.A-3, the wound certificate issued by Government Hospital, Nandyal and taking consideration of these facts and the age of the injured as three years by the time of accident, requires enhancement to Rs.50,000/- including from the ghastly occurrence faced by the kid at the young age with life long impact.

3) In the result, the appeal is partly allowed by enhancing the compensation from Rs.26,500/- to Rs.50,000/- with interest at 7.5% p.a. The interest on the enhanced amount shall be payable from today only. Rest of the terms of the award of the Tribunal holds good.

There is no order as to costs.

4) Miscellaneous petitions, if any pending in this appeal, shall stand closed.

__________________________ Dr. B. SIVA SANKARA RAO, J 19.01.2016 ksh