S.NARAYANA Vs. MANAGING DIRECTOR USHODAYA TRANSPORT

JUDGEMENT

(1.) This is an appeal filed by the claimant challenging the quantum of compensation awarded by the Tribunal.

(2.) It is stated that on 18.10.2005 while the claimant was traveling on a scooter, a lorry bearing registration No.KA-01-AC-6656 came in a rash and negligent manner and dashed against him from his left side. As a result, the claimant alleged that he suffered non concussive head injury, back pain and injury of the right rotator cuff. He stated that he was initially admitted at Ramakrishna Healthcare and Trauma Centre and thereafter at S.G.Hospital. The claimant contended that he had incurred medical expenses of Rs.15,182/-. He claimed that he underwent treatment for 14 days and as a result of injuries, he could not attend to his work and that he was denied salary by his employer.

(3.) The Tribunal in terms of its Judgment awarded compensation of a sum of Rs.55,182/-. The claimant being not satisfied with the award passed by the Tribunal, filed MFA No.2779/2007 before this Court. On the request of the claimant for an opportunity to produce the wound certificate and examine the doctor to prove the disability and also the future loss of income, this Court without going into the merits of the claim, remanded the case for fresh disposal. After the remand, a doctor was examined as PW2 and Exs.P10 and 11 were marked. The claimant was further examined and he marked Ex.P12.