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Judgment
K. Govindarajulu, J.—The claimant in MVC 6051/2004 on the file of MACT, Bangalore is the Appellant.
Facts necessary for the consideration of the present appeal are as under:
It is the claim of the claimant that on 26.7.2004, at about 7.50 p.m., when he was returning to his house in scooter bearing registration No. KA-35-E-7894, the driver of the Tempo bearing registration. No. CAW-2845 has driven the vehicle rashly, negligently and dashed against the scooter, it resulted in accident. On account of it claimant sustained injuries. Claims compensation of Rs. 3,75,000/-
Objections are filed, denied the claim, pleaded for the proof of the accident, contend that the claim is exaggerated.
Learned member of the Tribunal has recorded evidence, Issues are framed, P Ws 1 and 2 are examined. Exs. P1 to P9 are marked and policy is marked as Ex.R1, The learned member of the Tribunal has awarded the compensation of Rs. 30,700/-.
Learned advocate for the claimant submits that the injured is in service and he was working as supervisor. As per evidence of doctor claimant has suffered disability of 5% to the right upper limb and 3% to the whole body. Due to the said disability, he is discomfort In continuing the job.
Learned advocate for the insurance Company contends that the said impact is negligible. So the approach of the learned member of the Tribunal is proper.
Carefully considered the material submissions. Accident, actionable negligence are not disputed, Finding has to be given as to the quantum alone.
Learned advocate for claimant submits that when a person who is working as a supervisor, his hand is very important to carryout day to day activities in has duty and his life.
Considering the same, compensation of Rs. 20,000/- is awarded under the head loss of amenities.
So, the claimant is entitled for an additional compensation of Rs. 20,000/- Additional compensation of Rs. 20,000/- shall carry interest at 6% per annum from the date of application till deposit.
