M. VENKTAIAH Vs. NARAYANA

JUDGEMENT

(1.) THIS appeal by the claimant in directed against the impugned judgment and award dated 18.06.2009 passed in MVC No. 4/2008 on the file of the Learned Civil Judge (Sr.Dn.) and MACT at Nanjangud. The Tribunal by its impugned judgment and award has awarded a compensation of Rs. 1,10,900/ - under different heads with interest at 6% p.a. from the date of petition till the date of realisation. Being aggrieved by the quantum of compensation awarded by the Tribunal as being lower side, the claimant has presented in this appeal. The brief facts of this case are as follows;

(2.) THE case of the appellant in that the tribunal has erred in not awarding reasonable compensation towards attendant charges loss of income during treatment period and not awarded any compensation towards loss of future incomes, loss of amenities, discomfort and unhappiness. Admittedly, the appellant has undergone treatment for a period of ten days and also undergone one surgery and there is amputation of left leg 3 inches below knee. The tribunal has not awarded reasonable compensation and it requires reconsideration by awarding just and reasonable compensation alter re -appreciation of documentary evidence and the impugned Judgment and Award is liable to be modified.

(3.) AFTER careful consideration of the submissions of counsel appearing for both the parties, the only point that arise for consideration is Whether the quantum of compensation awarded by the Tribunal is just and reasonable?