U. SHIVASHANKARA BHAT Vs. DHANANJAYA

JUDGEMENT

(1.) The claimant has filed this appeal seeking enhancement of compensation. His case is that on 30.12.2014 at about 12.15pm, when he was riding his motorcycle, he met with an accident when a tipper lorry bearing Reg.No.KA-21/A-6507 being driven in rash and negligent manner dashed the motorcycle. He fell down and sustained injuries. He made a claim petition before the Tribunal. The Tribunal on considering the evidence placed by the appellant granted compensation of Rs.1,56,200/-. Ex.P.7 is the wound certificate which shows the injuries such as:

(2.) The appellant is a retired teacher and getting pension of Rs.16,800/-. Though he stated that after retirement he was doing agriculture and coconut and arecanut business, the Tribunal did not believe it. However assessed the loss of income from agricultural source as Rs.8,000/- per month for awarding compensation for laid up period of three months.

(3.) The Tribunal has clearly held that since the appellant is getting pension, no amount can be granted towards loss of future income. In this view, the Tribunal has granted Rs.1,56,200/- on all the heads. I do not think that the Tribunal has come to a wrong conclusion. I don't find any merit in this appeal. For this reason IA No.1/2019 filed under Section 5 of the Limitation Act does not merit. Even the affidavit does not disclose sufficient cause for the delay. Therefore IA No.1/2019 is dismissed.