AMARNATHA REDDY Vs. BRANCH MANAGER. ORIENTAL INSURANCE CO. LTD. BUILDING NO. 221, CUBBONPET MAIN ROAD, OPP; ULSOOR GATE POLICE STATION, BANGALORE - 560002 AND V. REDDY SHEKAR, BANGALORE

JUDGEMENT

(1.) THE claimant has filed this appeal against the judgment and award dated 12.04.2007 passed in M.V.C. No. 4600/2005 on the file of the MACT, Court of Small Causes, Bangalore seeking enhancement of compensation for the injuries sustained by him in the motor vehicle accident,

(2.) THE brief facts of the case are as follows: When the appellant was a pedestrian at Konappanna Agrahara on Bangalore Hosur NH -7 Road on 12.06.2005 at about 4.00 p.m. a motor cycle bearing No.KA -07 -J -1951 came at a high speed in a rash and negligent manner and dashed against, him. Due to the said impact., the appellant -claimant fell down and sustained grievous injuries. Thereafter, the was immediately shifted to the Hospital for treatment. The Medical Officer who examined the injured opined that the injured suffered 100% disability on account of the injuries sustained by him. Therefore, considering the nature of the injuries and other factors, the appellant filed claim petition before the MACT seeking compensation of Rs. 25,00,000/ -. The Tribunal after considering the oral and documentary evidence awarded compensation of Rs. 11,65,000/ -. Not being satisfied with the quantum of award passed by the Tribunal, the appellant, has filed this appeal seeking enhancement of compensation, on the ground that, the Tribunal has not assessed the income of the injured properly though the appellant was drawing more than Rs. 5,000/ - p.m. the Tribunal has taken the income of the appellant at. Rs. 5.000/ - p.m. only and calculated the 'loss of future income" by applying the multiplier '13', which is incorrect, in view of the decision of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 .

(3.) WE have been taken through the evidence of the Medical Officer and the impugned judgment.