K.SRIKANTH Vs. ISSRO MASTER CONBTROL FACILITY

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award in MVC No.1949/2009 dated 3.2.2011 on the file of the VI Addl. Judge, Court of Small Causes and MACT, at Bengaluru City, whereby the Tribunal has awarded total compensation of Rs.7,75,000/ - with interest at 6% p.a. from the date of the petition till the date of deposit.

(2.) LEARNED counsel for the appellant/claimant submits that the claimant had sustained grievous injuries in the accident. Two Doctors have been examined in support of the claimant's plea. One of the Doctor has opined that claimant had sustained 30% permanent disability to the whole body. The other Doctor has assessed 17% permanent disability to the whole body. The Tribunal has taken 25% permanent disability to the whole body instead of 30%. The claimant was working with M/s. Rai Industrial Power (P) Ltd., and earning Rs.10,000/ - per month. The salary certificate at Ex.P8 has been produced in support of the said contention. PW3 is the Accounts Manager of the aforesaid firm who has deposed that claimant was paid Rs.10,000/ - per month towards his salary. However, the Tribunal has taken his income at Rs.5,000/ - per month without any basis. It is argued that claimant was hospitalized for 28 days spreading over a period of one year. The Tribunal has not awarded any compensation towards loss of income during the treatment period and towards food, conveyance and nourishment. The amount of compensation awarded towards loss of amenities, pain and suffering are on the lower side.

(3.) I have carefully considered the arguments made at the Bar and the materials placed on record.