LAWS(KAR)-2013-11-402

ABDUL KHADAR SHAFEEQ Vs. K. PUSHPARAJ

Decided On November 19, 2013
Abdul Khadar Shafeeq Appellant
V/S
K. Pushparaj Respondents

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 30.3.2011 in MVC No. 1399/2007, whereby the Tribunal has awarded total compensation of Rs. 2,86,000/- with interest at 6% p.a. from the date of the petition till the date of deposit. Learned counsel for the claimant/appellant would contend that the claimant had sustained grievous injuries in the accident both to his head and to the limb. The Doctor has assessed permanent disability at 18% to the whole body. The claimant was working as a cleaner. The Tribunal has taken his income at Rs. 3,000/- per month for the purpose of computation of loss of future earning. It is argued that the appropriate compensation has not been awarded towards loss of income during treatment period, towards loss of future earning capacity, towards loss of amenities and towards conveyance and nourishment, etc. Learned counsel further submits that the Tribunal ought to have awarded appropriate amount towards future medical expenses.

(2.) On the other hand, learned Advocate appearing for the respondent-insurance company has sought to justify the impugned judgment and award.

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