SOMESHA Vs. MALLESHA

JUDGEMENT

(1.) This appeal is at the instance of the claimant seeking enhancement of the compensation awarded in the judgment and award dtd. 29/6/2011 in M.V.C. No.192 of 2010 passed by the Fast Track Court-I and Additional Motor Claims Tribunal, Mysuru.

(2.) The facts of the case are not required to be stated in view of narrow scope of dispute raised in this appeal.

(3.) Learned counsel for the appellant-claimant makes three fold grievances on the compensation awarded by the Tribunal. Firstly, he submits that the claimant was a panipuri vendor, aged thirty-five years, and had suffered comminuted fracture of upper 3rd of right tibia and since his job requires him to stand entirely to serve his customers, compensation awarded under the head of pain and sufferings is on the lower side and it is required to be enhanced. Secondly, he submitted that for the same reasons, the claimant would not have been in a position for a period of five months immediately following the accident and therefore, under the head of loss of income during laid up period, the compensation awarded is also on the lower side and the same requires to be enhanced. Lastly, he submitted that the compensation awarded in a sum of Rs.3,200.00 for loss of amenities is too low and the same also requires to be enhanced.