BASAVAIAH S/O HOOCHE GOWDA @ MOTEGOWDA Vs. M/S. THE ICICI LOMBARD GENERAL INSURANCE CO. LTD., BY ITS MANAGER, NO. 89 SVR COMPLEX, II FLOOR HOSUR ROAD, MADIWALA BANGALORE - 560068 AND MR. MANJE GOWDA S/O LATE MASTI GOWDA HAALADAHALLI, MADINOOR SH

JUDGEMENT

(1.) WITH consent of learned counsel on both sides, appeal is taken up for final hearing. Claim petition filed under Section );">166 of MV Act, 1988 in the MACT was allowed in part and compensation of Rs. 93,800/ - with interest was awarded and ordered to be paid by the respondents, the insurer and owner respectively, of the offending vehicle. Respondents have not questioned the impugned judgment and award them to pay the compensation, This appeal is by the claimant, seeking enhancement of compensation.

(2.) HEARD the learned counsel on both sides and perused the record. Only point for consideration is, 'whether there is a just and reasonable award by the MACT in favour of the claimant?'

(3.) KEEPING in view the evidence on record, the nature of injuries sustained the treatment obtained, despite which, there being permanent disability suffered, which has resulted in functional disability insofar as claimant appellant is concerned, he to age about 55 years and an agriculture, the sum award by the Tribunal is inadequate. There is no just and reasonable award by the MACT.