High CourtsSingle Bench(2012) 01 KAR CK 0171

Sri. Prakash Kumar vs Smt. S. Shank(sic) and The Relience General Insurance Co., Ltd.

Karnataka High Court · Decided on 5 January 2012

HON’BLE JUDGES
Ravi Malimath, J
RESULT
Allowed
CASE NUMBER
MFA No. 8458/ 2009 (MV)

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Judgment

4 paragraphs · 219 words

Ravi Malimath

1.

Aggrieved by the judgment and award dated 26.09.2009 passed in MVC No. 514/ 2009 by the XVI Addl. Judge, MACT, Bangalore, the claimant has filed the present appeal seeking enhancement of compensation. The claimant is aggrieved only by the fact that no amount has been awarded towards ''Future loss of income''. He primarily contends that the amount awarded under the various other heads is just and proper and he does not dispute the same. He pleade by virtue of the Doctor''s evidence, The claimant was running a beeda shop and was earning a sum of Rs. 5,000/- per month. He has suffered a serious injury to his right shoulder and this has affected his earning capacity. The Trial Court has taken his monthly income at Rs. 4,000/- and arrived at the awarded a mount.

2.

By examining the material on record, I am of the considered view, that in view of the Doctor''s evidence with regard to the injuries suffered and the nature of his avocation a lump-sum of Rs. 25,000/- would be just and proper under the head ''Loss of future income''.

3.

Under these circumstances, the compensation is enhanced by a sum of Rs. 25,000/- with 6% interest from the date of petition till the date of payment. Accordingly, the appeal as pertly allowed.