VENKATARAMEGOWDA @ CHANDRU Vs. BASAVARAJU AND ORS

JUDGEMENT

(1.) Claimants are in appeal seeking for enhancement of compensation in these appeals, not being satisfied with compensation awarded by Fast Track Court, Channarayapatna, in MVC Nos.9/2008 and 10/2008 dated 03.01.2011.

(2.) Claim petitions came to be filed before MACT, Channarayapatna, seeking compensation of Rs.5,00,000/- and Rs.4,00,000/- in MVC Nos.9/2008 and 10/2008, respectively. Tribunal on appreciation of entire evidence available on record has allowed the claim petitions in part and awarded a sum of Rs.1,94,400/- and Rs.38,000/- respectively, under the following heads:

(3.) It is the contention of Smt A.R. Sharadamma, learned counsel appearing for claimants that Tribunal has committed a serious error in awarding very less compensation by construing the income of claimants at Rs.3,000/- per month, though there was abundant materials available before Tribunal to establish that claimants were carrying on the avocation of milk vending and as such, Tribunal ought to have considered the income of claimants at Rs.12,000/- and Rs.7,000/- per month, respectively. Non-consideration of these aspects has resulted in awarding very less compensation and as such, she prays for enhancement of compensation. She would also contend that claimant in MVC No.9/2008 was an inpatient for about 129 days and this aspect has not been considered by the Tribunal in proper perspective. She also contends that whole body disability of 15% as considered by Tribunal is improper, particularly when Doctor - P.W.4 has opined that there is 50% disability to whole body of the claimant in MVC No.9/2008. Hence, she prays for suitable modification of award in both the appeals.