LAWS(KAR)-2012-1-240

SUNIL KUMAR (R) MANJUNATHA, S/O. PUTTARAJU Vs. M. K. DEVARAJ S/O. KRISHNAPPA, MAJOR, MAGADI KUMARAHALLI, MARLE POST, CHIKKAMAGALUR TALUK. CHIKKAMAGALUR DISTRICT - 577101 AND THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD., HEMA MANSION, IIND FLOOR

Decided On January 11, 2012
Sunil Kumar (R) Manjunatha, S/O. Puttaraju Appellant
V/S
M. K. Devaraj S/O. Krishnappa, Major, Magadi Kumarahalli, Marle Post, Chikkamagalur Taluk. Chikkamagalur District - 577101 And The Manager, New India Assurance Company Ltd., Hema Mansion, Iind Floor Respondents

JUDGEMENT

(1.) THERE is a delay of 7 days in filing the appeal. Though the contesting respondent is served and represented, no objection is tiled. Cause shown is accepted. Delay condoned. This is claimant's appeal seeking enhancement of compensation. The Tribunal has awarded compensation of Rs. 70,000/ - with interest. Unsatisfied with the same, the claimant is before this Court.

(2.) IN the accident, the claimant had suffered head injury. He was aged about 12 years at the time of the accident. Doctor has taken disability at 15% only on the basis that the claimant was unconscious when he met with the accident. There is no clear evidence with regard to the disability. The Tribunal has awarded compensation of Rs. 70,000/ - under the following heads: - <FRM>JUDGEMENT_3130_TLKAR0_2012.htm</FRM>

(3.) ACCORDINGLY , the appeal is partly allowed.