LAWS(KAR)-2011-7-125

H.E. LAKSHMI NARAYAN, SON OF LATE EEERAPPA Vs. THE REGIONAL MANAGER, UNITED INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, I FLOOR, SHANKARANARAYAN, BUILDING, M.G. ROAD, BANGALORE AND MR. N. BALA SUBRAMANIYAM, SON OF D. NATESHAN, NO. 24, DISPENSARY

Decided On July 22, 2011
H.E. Lakshmi Narayan, Son Of Late Eeerappa Appellant
V/S
The Regional Manager, United India Assurance Co. Ltd., Regional Office, I Floor, Shankaranarayan, Building, M.G. Road, Bangalore And Mr. N. Bala Subramaniyam, Son Of D. Nateshan, No. 24, Dispensary Respondents

JUDGEMENT

(1.) THIS appeal by the claimant seeking enhancement of compensation. The Tribunal has awarded Rs. 2,50,000/ -. Being not satisfied with the same, the claimant is before this Court. The claimant had suffered grievous injury on the right thigh, fracture of right femur and fracture of left femur. The Doctor has stated that there is 20% disability to the whole body. The claimant alleges that he was a driver and was earning Rs. 5,000/ - per month at the time of incident. The Tribunal has accepted the disability assessed by the doctor and has determined the loss of future income at Rs. 1,44,000/ - by taking the income of the claimant at Rs. 4,000/ - per month. Considering the evidence on record, the Tribunal has awarded the compensation as under: <FRM>JUDGEMENT_1415_TLKAR0_2011.html</FRM> 2. Towards pain and suffering and loss of amenities, the compensation requires reasonable enhancement. Towards pain and suffering, claimant is entitled to Rs. 22.000/ -, towards loss of amenities, claimant is entitled to Rs. 15,000/ -and towards incidental expenses, claimant is awarded Rs. 10,000/ -. In all, claimant is entitled to enhancement of compensation of Rs. 47,000/ -. Accordingly, appeal is partly allowed. The claimant is entitled to compensation of Rs. 47.000/ - over and above the compensation awarded by the Tribunal with interest.