NANDAMURTHY Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE claimant in MVC No. 1269/2009 on the file of Prl. Civil Judge (Sr. Dn.) and MACT, Tumkur is the appellant in this appeal.

(2.) CASE of the claimant is that on 15.07.2007 he along with one Lakshmi were proceeding in a motor cycle bearing registration No.KA-51:H-10 on NH-4, while the rider was near Kadavigere gate the driver of the Tata-407 has driven the vehicle rashly, negligently and dashed against the motor cycle. It resulted in an accident. The claimant fell down from the vehicle, suffered injuries. For the pain, suffering and agony suffered by the claimant seek for compensation of Rs.8,00,000/-.

(3.) LEARNED advocate for the claimant submits that he has filed application for additional grounds and it has to be heard along with the appeal. Permitted to argue including the additional grounds. It is contended by the learned advocate for the claimant that after the accident the claimant has lost the job. On account of loosing of the job the petitioner should be compensated under the head of loss of earning capacity. There is a positive evidence of the doctor that there is 20% of disability to the whole body and the compensation awarded under the head loss of earning capacity is on the lesser side. Under the other heads also the compensation awarded is on the lesser side. So pray for enhancing the compensation.