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Judgment
A.N. Venugopala Gowda
On 27.02.2010, appellant sustained grievous injury in a road traffic accident, A claim petition was filed u/s 166 of M.V. Act 1988 in MACT against the Respondents. Claim petition was allowed in port and compensation of Rs. 1,48,830/- with interest at 8% per annum was ordered to be paid by the respondents, from the date of petition till the date of depositing the amount in Court. Dissatisfied, the claimant has filed this appeal seeking enhancement of compensation. Respondents have not questioned the impugned judgment and award passed by the Tribunal directing them to pay compensation, as above.
Sri. A.S. Girish, learned advocate, appearing for the appellant contended that, at the time of accident appellant was aged about 22 years and was a carpenter and an account of grievous injury sustained in the accident, despite treatment obtained, there is permanent disability suffered in relation to the whole body at more than 20% and as a result, there is loss of future income and loss of amenities of life. Learned counsel submits that, credible evidence placed on record has not been correctly appreciated by the MACT and a meager sum, has been awarded as compensation by the Tribunal Learned counsel seeks enhancement of compensation.
Sri. C. Shankar Reddy, learned counsel appearing for the respondent/insurance company, on the other hand contended that, there is no credible evidence produced with regard to avocation and the income of the claimant/appellant. Learned counsel submits that, PW. 2 has assessed the disability in relation to right lower limb at 32% and to the whole body at 10%. The Tribunal has rightly assessed the loss of income in the absence of any credible evidence and there is correct assessment of loss, both on pecuniary and non pecuniary heads by the Motor Accident Claims Tribunal Learned counsel seeks for dismissal of appeal.
Keeping in view the rival contentions and record of the case, only point for consideration is, ''whether the MACT has passed a just and reasonable award?''
5.
Loss of income during laid off period
Rs. 25.000/-
6.
Loss of amenities of life
Rs. 30,000/-
Total
Rs. 1,43,000/-
In the result, appeal is allowed in part. Impugned judgment and award is modified, The compensation payable by the respondents to the appellant-claimant is determined at Rs. 1,45,000/-, which shall carry interest at 6%, p.a. from the date of filing of claim petition till date of deposit. Respondents are granted two months time for depositing of the balance amount in the MACT. No order as to costs.