VASANTHA KUMAR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation.

(2.) THE appellant-claimant filed claim petition in MVC No.5058/2006 on the file of the VII Additional Judge, Court of Small Causes and MACT, Bangalore, seeking compensation of Rs.12,17,459/- for the personal injuries sustained by him in the motor vehicle accident that occurred at about 4.00pm on 02.12.2005 near Tata Indicam on Hosur-Laskar Road, Audugodi, Bangalore.

(3.) BEING dis-satisfied with the quantum of compensation, the claimant has presented this appeal. In this appeal, the appellant-claimant has filed an application under Order XLI Rule 27 of CPC seeking production of additional evidence with regard to the permanent disability stated to have been suffered by him on account of the head injury resulting in 100% functional disability. Before this Court, it is contended that the award under different heads is grossly inadequate and deserves to be enhanced. It is also contended that the Tribunal has committed error in not awarding any compensation towards the loss of future earning due to permanent disability suffered by him. It is also his contention that though sufficient evidence has been placed on record to establish that on account of the head injury he has suffered complete loss of memory and this has resulted in his removal from the employment and thereby he has been rendered jobless, as such, there is 100% functional disability, therefore, the Tribunal ought to have awarded compensation towards the loss of future earning apart from awarding adequate compensation towards loss of amenities in life. The documents now sought to be produced, according to the claimant, would further substantiate his case in this regard, therefore, the documents are very much necessary for just decision in the appeal.