NAGARAJAPPA Vs. DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) LEAVE granted.

(2.) ON 13.08.2004 at about 6 p.m., the appellant was crossing the road carefully when a BMTC bus (bearing registration No.KA-05-B-5245) came in a rash and negligent manner and dashed against the appellant whereupon he was admitted in hospital for treatment as he had sustained multiple injuries.

(3.) ON appeal, the High Court enhanced compensation for pain and suffering, medical expenses, future medical expenses, loss of amenities and loss of future income as against the amount awarded by the Tribunal. For loss of future income, the High Court concluded that from material on record, the age of the claimant was between 45 to 55 years. Thus, it took 50 years as the safe age and adopted a multiplier of 13, income was taken as Rs.3000/- p.m. and disability @ 20%. Accordingly, loss of future income was calculated at Rs.93,600/- (Rs.3000 X 12 X 13 X 20/100). Compensation was thus enhanced and awarded as follows: <IMG>JUDGEMENT_442_TLPRE0_2011Image1.jpg</IMG>