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High CourtsSingle Bench(2011) 07 KAR CK 0254

Sri. Naveen Acharya vs Sri. Narayana Bhat and The Oriental Insurance Co. Ltd.

Karnataka High Court · Decided on 22 July 2011

HON’BLE JUDGES
Subhash B. Adi, J
RESULT
Allowed
CASE NUMBER
Miscellaneous First Appeal No. 263 of 2011 (MV)

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Judgment

7 paragraphs · 342 words

Subhash B. Adi

1.

Notice to respondent No. 1 is dispensed with as liability of respondent No. 2 is not in dispute. This is a claimant''s appeal against the judgment and award dated 28.10.2010 in MVC No. 912/2007 on the file of the MACT. Kundapura seeking enhancement of compensation.

2.

On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. .2,82,450/-with interest. Unsatisfied with the same, claimant is before this Court.

3.

Claimant had suffered fracture of left femur condyle and fibula condyle. He was treated as inpatient for a period of 150 days. Doctor has assessed disability of 30% to the left lower limb and 12% to the whole body. However, the Tribunal has taken 10% disability and income at Rs. .4,500/- p.m.

4.

Learned counsel for the claimant submits that the claimant is a carpenter and on account of the disability, he is not in a position to work as carpenter and submitted that the disability should have been taken at 12% and the income at Rs. .8,000/- p.m.

5.

On the other hand, learned counsel for the insurer submitted that there is no evidence to show that the claimant was earning Rs. .8,000/- p.m. and reasonable income has been taken by the Tribunal.

6.

Considering the nature of injury and the fact that claimant is a carpenter, in the year 2007, his income could have been taken at Rs. .6,000/- p.m. and disability at 12%. Considering the same, claimant is entitled for Rs. .720 x 12 x 17 = Rs. .1,46,880/- towards loss of future income as against Rs. .97,200/- awarded by the Tribunal, hence, additional compensation of Rs. .49,680/- is awarded under this head. Claimant is also entitled for additional compensation of Rs. .5,000/- towards loss of amenities, Rs. .5,000/- towards future medical expenses and Rs. .5,000/- towards incidental expenses. In all, the claimant is entitled to compensation of Rs. .64,680/- rounded off to Rs. .65,000/- over and above the compensation awarded by the Tribunal, with interest. Accordingly, the appeal is allowed in part.