YASHWANTH Vs. CANARA OVERSEES LIMITED

JUDGEMENT

(1.) THIS appeal is by the claimant seeking for enhancement of compensation being aggrieved by the award passed by the II Addl. Civil Judge (Sr.Dn.) and Addl. MACT at Chitradurga, in MVC No.617/2008 dated 24.02.2010.

(2.) THE accident occurred on 25.1.2008 around 9.30 pm due to the negligence of the driver of the lorry bearing registration No.KA-16 / A-1484, while the claimant was coming to Chitradurga near Kancharu Cross Road, Amparu Village, Kundapura Taluk. Due to the negligence of the driver, the claimant being a cleaner sustained grievous injuries. According to the claimant he sustained the following injuries:-

(3.) HAVING regard to nature of injuries suffered by the claimant, it is seen that the disability is taken at 30% based on the x-ray and ultra sound scanning report. But however, the Tribunal opined that it could be taken at only 10%, as the doctor also admitted that the exact details of the disability is not mentioned. Even taking the disability at 10%, claimant could be awarded another Rs.50,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till the date of payment, in view of the fact that the claimant has undergone surgery on the abdomen and also taking into consideration the disability suffered and that he has spent a sum of Rs.35,000/- towards medical expenses. Thus the claimant is entitled for another sum of Rs.50,000/- with 6% interest from the date of petition till deposit.