EZHIL VANNAN Vs. ANANDKUMAR

JUDGEMENT

(1.) THESE two appeals by the claimant and the Corporation are arising out of the same judgment and award dated 19/03/2010 passed in MVC No.3965/2007 on the file of the 14th Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bangalore, thereinafter referred to as Tribunal' for short).

(2.) THE Tribunal by its judgment and award, has awarded a sum of Rs.7,25,310/- with interest at 8% p.a., from the date of petition till the date of deposit as against the claim made by the claimant for a sum of Rs.2,71,10,000/-, on account of the injuries sustained by him in the road traffic accident.

(3.) LEARNED Counsel for the claimant submitted that, the Tribunal has erred in not awarding reasonable compensation towards injury, pain and sufferings, conveyance, nourishing food and attendant charges, loss of amenities and also erred in not awarding any compensation towards loss of income during the period of treatment and towards future medical expenses and purchase of artificial leg. To substantiate his submission, he has taken us through the relevant records as discussed by the Tribunal and submitted that the amputation was done on the left leg of the claimant and this aspect ought to have been considered by the Tribunal while awarding compensation. Further, he submitted that, the claimant may be awarded the compensation of Rs.1,50,000/- towards injury pain and sufferings, Rs.1,00,000/- towards loss of amenities and Rs.2,00,000/- towards purchase of artificial leg, in view of the judgment of the Apex Court in the case of Govind Yadav Vs. The New India Insurance Company Limited (Civil Appeal No.9014/2011 disposed of 1st November 2011). Therefore, he submitted that, the impugned judgment and award passed by the Tribunal is liable to be modified.