PRAKASH Vs. KRISHNA

JUDGEMENT

(1.) This miscellaneous first appeal is preferred by the claimant before the Tribunal seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal in MVC No.487/2014.

(2.) The admitted facts are that the appellant who was working as a Junior Assistant in GESCOM, met with an accident on 19.01.2014 at about 7.30 a.m. while proceeding on his motorcycle bearing No.KA 32/V 858 to attend to his duties. The accident occurred in view of rash and negligent driving by the driver of a lorry bearing No. MH 12/HD 2813. The third respondent - Insurance Company has not preferred any appeal. Therefore, it could be presumed that third respondent - Insurance Company has accepted the liability fastened on the owner of the offending lorry. The appellant had to undergo amputation of right leg above knee. The Tribunal on the basis of evidence placed on record has awarded a sum of Rs.3,25,000/- as total compensation.

(3.) Learned counsel for the appellant contends that after the accident, the appellant was laid up for a period of 31 days and subsequent to his joining duties he was placed in an alternative post in view of the handicap that he has suffered. It is, therefore, contended that the appellant has lost considerably towards future prospects. It is further submitted that the Tribunal has not awarded anything towards loss of amenities, attendant charges and future medical expenses. Learned counsel submits that when it is an admitted position that appellant had to be amputated and having lost his limb, an artificial limb has to be placed on the appellant and in this regard the Tribunal has not awarded any compensation.