RAJESH KUMAR SINGH @ RAJ SINGH, S/O. TRIBHUN SINGH Vs. MURTHY V. S/O. VEERAPPA, NO. 92, DASANAPURA POST AND HOBLI, BANGALORE NORTH TALUK AND THE MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, NO. 44, ANANTHA COMPLEX, PEENYA 1ST STAGE, BANGALOR

JUDGEMENT

(1.) APPELLANT / claimant sustained grievous injuries to left leg, fracture of left femur and fracture displacement left hand, head injury in a road traffic accident on 15.09.2008 and filed a claim petition in the MACT against the owner and insurer of the offending vehicle. The Motor Accident Claims Tribunal, on appreciation of evidence, found actionable negligence on the part of the driver of the offending vehicle and after assessing the loss suffered, under the pecuniary and non -pecuniary heads, passed the award for Rs. 2,08,800/ - with interest at 6% per annum on Rs. 1,93,800/ -. Dissatisfied, the claimant has filed this appeal seeking enhancement of compensation. Respondents have not questioned the impugned judgment and award passed by the Tribunal directing them to pay compensation, as above.

(2.) SRI . Kalyan, learned advocate for appellant contended that, there being credible evidence placed on record with regard to avocation and income of the claimant, the Tribunal has committed an error in taking the income at Rs. 4,000/ - per month and the permanent disability suffered at 10% in relation to the whole body. Consequently, Motor Accident Claims Tribunal has failed to pass Just and reasonable award. He submitted that, compensation awarded under other heads is also meager and hence reassessment of the loss, both on pecuniary and non -pecuniary heads, may be undertaken and appropriate award may be passed in the matter.

(3.) PERUSED the records. The only point for consideration is, 'whether the MACT has passed a just and reasonable award?'