THOUFIQ Vs. MOHAMMED RAFIQ AND OTHERS

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award in MVC No. 1092/2010 dated 3.3.2012 on the file of the I Addl. District and Sessions Judge and MACT-II, Dava nagere whereby the Tribunal has awarded total compensation of RS. 2,00,000.00 with interest at 6% per annum from the date of the petition till the date of deposit.

(2.) Learned Counsel for the appellant would contend that the claimant had sustained grievous injuries in the accident. The Tribunal has not awarded appropriate compensation. It is argued that the claimant was working as a plumber and earning m ore than RS. 8,000.00 per month. However, the Tribunal has taken his income at RS. 5,000.00 per month for the purpose of computation of loss of future earning. It is argued that having regard to the nature of injuries sustained, the Tribunal ought to have fixed higher percentage of permanent disability to the whole body. The compensation awarded under all other heads is also on a lower side.

(3.) On the other hand, learned Counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.