DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, KRISHNA COMPLEX, G.B. PANTH MARG, UDUPI-576101 Vs. SRINIVAS ACHARYA, S/O NARAYANA ACHARYA

JUDGEMENT

(1.) THESE two appeals are filed impugning the judgment dated 23.7.2008 passed, in MVC.No.585/2006. The first of the appeals in MFA.No. 10301/2008 is filed by the 2nd respondent insurer of motor vehicle bearing No.KA -20/Q.4013 challenging the judgment impugned on the ground that the order portion of judgment is contrary to the finding in the judgment and fastening of liability on 2nd respondent /insurance company is contrary to the reasoning given in the judgment. So far as the 2nd appeal in MFA.No.593/2009 is concerned, the same is filed by claimant seeking enhancement of compensation awarded to him by the tribunal.

(2.) BRIEF facts leading to these two appeals are as under:

(3.) HEARD the counsel for appellant in both the appeals. On going through the judgment impugned it is seen that claimant who was working as Carpenter has adduced evidence stating that he was earning a aura of Rs.6,000/ -pm. which according to him is not taken into consideration for the purpose of awarding compensation to him under the head loss of future earning capacity. It is also the case of claimant that as per the evidence of PW.2 claimant, has suffered limb disability to The tune of 24.6% as per the disability certificate, which is at Ex.C3, which is not properly appreciated by the tribunal. It is also his case that tribunal while assessing the compensation has not taken into consideration the actual expenses incurred towards the attendant charges conveyance, food and nourishment, for which only a paltry sum of Rs.3,000/ - is awarded when the hospitalization itself is for more than 21 days, It is also his case that if the opinion of Doctor as per Ex.C3 is taken into consideration the tribunal ought to have calculated the loss of future earning capacity by taking 32% as whole body disability and also taking his income at Rs.6,000/ - which is not considered by the tribunal.