LAWS(KAR)-2013-11-404

S. GOPALA KRISHNA Vs. DEPOT MANAGER, KSRTC

Decided On November 19, 2013
S. Gopala Krishna Appellant
V/S
Depot Manager, Ksrtc Respondents

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award in MVC No. 3941/2011 dated 12.12.2012 on the file of the Motor Accident Claims Tribunal, Bangalore, whereby the Court below has awarded total compensation of Rs. 1,64,400/- with interest at 6% per annum from the date of application till the date of deposit. The learned counsel for the appellant/claimant submits that the claimant was aged about 65 years. He had suffered 44.16% permanent disability to the whole body. The Court below has strangely taken his permanent disability to the whole body at 20%. It is argued that the claimant was doing agriculture and earning more than Rs. 6,000/- p.m. The Court below has taken his income at Rs. 3,000/- per month for the purpose of computation of loss of future earning capacity. It is argued that the award of compensation under all the other heads is on the lower side.

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

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