M. SRINIVAS HEBBAR S/O RAMAKRISHNA HEBBAR Vs. SRI SATHISH HOLLA S/O NARAYANA HOLLA AND BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation against the impugned judgment and award dated 28.10.2004 passed in MVC No. 1260/02 on the file of the II Addl. Civil Judge (Sr. Dn.) and Member, MACT -VI Mangalore, D.K. (hereinafter referred to as Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 1,68,600/ - with interest at 6% p.a., from the date of petition till its deposit as against the claim made by the appellant for a sum of Rs. 10,00,000/ - on account of the injuries sustained by him in the road traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate.

(3.) THE principal submission canvassed by the learned Counsel for the appellant is that the Tribunal has committed gross error in not awarding compensation towards conveyance, nourishing food and attendant charges and loss of income during laid up period. On account of the road traffic accident, the appellant has lost vision of his left eye permanently. As per the schedule to the Workmen's Compensation Act, loss of vision of one eye should be treated as 40% loss of earning capacity. Further, the Tribunal has neither looked into the nature and duration of treatment, pain and agony and discomforts undergone by the appellant nor considered nor awarded reasonable compensation. Therefore, the judgment and award of the Tribunal is liable to be modified by enhancing just and reasonable compensation.