BASAVARAJA BEERAPPA KAMBALI Vs. CHOLAMANDALAM MS GENERAL INSURANCE

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dtd. 20/4/2013, passed in M.V.C.No.717/2011, on the file of the I Additional Senior Civil Judge, MACT-V, Davanagere ('the Tribunal' for short) praying to modify the judgment and award.

(2.) The factual matrix of the case of the claimant before the Tribunal is that in an accident he had sustained the injuries on account of rash and negligent driving of the motor vehicle insured with respondent No.1 and the Tribunal awarded compensation of amount of Rs.2,88,000.00 with interest at the rate of 7% per annum. Being aggrieved by the same, the claimant is in appeal before this Court.

(3.) The learned counsel for the appellant would vehemently contend that the Tribunal has committed an error in taking the income of the appellant as Rs.4,000.00 per month instead of Rs.6,501.00 per month, as the appellant was drawing monthly salary of Rs.6,501.00 by working in BSS Micro Finance Pvt. Ltd., Kondajji Road, Davanagere. The Tribunal committed an error in awarding lesser compensation under the head future loss of income. The Tribunal committed an error in not awarding any amount under the head future medical expenses and incidental expenses. The learned counsel would contend that the Tribunal committed an error in directing respondent Nos.1 and 2 to pay the compensation and the liability of the Insurance Company is exonerated in coming to the conclusion that the offending vehicle was not registered and as such, temporary registration which was issued to the said vehicle was also expired on the date of the accident.