CHETHANA C.S. Vs. MAREGOWDA S/O. MARAJJAIAH

JUDGEMENT

(1.) APPELLANT sustained grievous injury -Grade -I compound fracture both bone right leg, in a road traffic accident, on 09.05.2008 and filed a claim petition in Motor Accident Claims Tribunal against the Respondent, seeking compensation of Rs. 10,00,000/ -with interest. The Motor Accident Claims Tribunal, on appreciation of the evidence on record, allowed the claim petition in part and awarded compensation of Rs. 73,000/ -, with interest at 6% per annum, from the date of petition till date of deposit. Dissatisfied, claimant has filed this appeal seeking enhancement of compensation amount. Respondents have not questioned the impugned judgment and award directing them to pay the compensation as above.

(2.) SRI . Rajanna, learned advocate for appellant contended that, Tribunal has foiled to appreciate the evidence correctly. Learned counsel submitted that, claimant, apart from being a student was working as Assistant Civil Contractor and was earning there from and on account of injury sustained in the accident, he has suffered loss during treatment and rest period and also there is loss of future income. Learned counsel contends that, despite fracture being united, there is difficulty which the appellant is facing while working and there is loss of amenities of life, in regard to which, no compensation is awarded and further submitted that, award passed by Motor Accident Claims Tribunal is not just and reasonable.

(3.) KEEPING in view the rival contentions and records of the case, only point for consideration is, 'whether the MACT has passed a just and reasonable award?'