G. KEMPAIAH, S/O. LATE GOWDAIAH Vs. SMT PUTTALAKSHMI, W/O. VENKATAGOWDA AND THE REGIONAL MANAGER UNITED INDIA INSURANCE CO.

JUDGEMENT

(1.) THIS appeal is directed. against the judgment and award in MVC No. 2809/2001 dated 14.2.2005 on the file of the Prl. MACT and Chief Judge, Court of Small Causes. Bangalore. The appellant was the claimant before the Tribunal and the respondents were the owner and the insurer of the offending vehicle. There is no dispute as to the occurrence of the accident and the liability of the second respondent -Insurance Company to pay the compensation.

(2.) LEARNED counsel for the appellant would contend that the Doctor, who was examined as PW -4 has stated that the claimant had suffered 45 % permanent disability to the left lower limb and 20 % disability to the whole body. The claimant was aged about 50 years and the accident had occurred on 17.6.2001, the Tribunal has awarded compensation in a sum of Rs. 20,000/ - towards disability instead of awarding suitable compensation towards loss of future income. The claimant was a businessman and was earning more than Rs. 5,000/ - per month. The award of compensation under other heads is also on a lower side.

(3.) WE have carefully, considered the arguments made by the learned Counsel at the Bar and perused the records of the Tribunal, so also the impugned judgment and award.