T. SURESHA S/O THIMMANAYAKA Vs. SMT. SHIVAMMA W/O V. SEENAPPA, THE BRANCH MANAGER THE ORIENTAL INSURANCE CO. LTD. AND M.S. CHANDRAKANTHA D/O H. SRIKANTAIAH

JUDGEMENT

(1.) THOUGH this matter is listed for admission, with the consent of both the parties, heard and finally disposed of.

(2.) THE Award dated 6.2.2007 passed by the MACT, Mandya in MVC No. 2039/2005 is challenged in this appeal. Appellant's counsel submits that the claimant sustained injury on 4.5.2001 while he was travelling in maxi cab No. KA.11 -2772 with his father from Halebudanur to Maddur. It is submitted that in view of the accident, the petitioner, sustained fracture of Right Fumuer Subtrochanteric type and he was treated conservatively and underwent on operation on 23.5.2001 wherein intramediillary rod was inserted and he was discharged on 18.6.2001 and he was advised to come for follow up treatment. The Doctor was examined as PW.2 He further stated in his affidavit that he treated the patient again in the year 2006 and the patient complained the pain of right thigh and lower limb, deformity, inability to sit or squat for long time. On examination he found healed sear over right thigh, deformity of right thigh were present, shortening of right lower limb about 3 inches, difficulty in sitting and squatting and attending to nature call and X -ray taken showed malunion of right thigh femur with anagulation.

(3.) LEARNED Counsel for the respondent No. 2 submits that in support of the income proof, the claimant has not produced any materials and also no independent witnesses have been examined. At the time of accident, he was student, hence the question of income does not arise since he failed to prove the same. The question of granting compensation under future loss of income would not arise. Utmost a little enhancement could be made in respect of loss of amenities. Accordingly, he submitted to dismiss the appeal.