DIVISIONAL CONTROLLER KSRTC Vs. MULLARAM

JUDGEMENT

(1.) Karnataka State Road Transport Corporation (hereinafter referred as 'Corporation' for the sake of brevity) is in appeal questioning the correctness and the legality of the judgment and award passed by MACT, Mysore in MVC No.1367/2010( old MVC No.559/2007), whereunder, claim petition filed seeking compensation of Rs.65,80,000/- with interest at 12% p.a. has been allowed-in-part and total compensation of Rs.11,83,500/- has been awarded with interest at 6% per annum from the date of petition till realisation.

(2.) It is contended by Sri. Nagaraj, that the amputation said to have been carried out to the left leg of the claimant is itself shrouded with mystery, inasmuch as, within three days from the date of the accident, it is stated that he had developed gangrene and as such, version of the claimant cannot be believed. He would also submit that compensation awarded by the tribunal considering the disability at 100% is on the higher side and contends that there is no evidence available on record that claimant is unable to carry on his work i.e., carpentry work, which is claimed to be his avocation and as such, he submits that disability assessed by the tribunal at 100% be reduced to 50%. He would also contend that compensation awarded towards "loss of amenities' is on the higher side and as such he seeks for overall reduction of compensation by allowing the appeal in question.

(3.) Per-Contra, Sri.Gopal Krishna, learned Advocate appearing as Amicus Curiae would submit that compensation awarded by the Tribunal is on the lower side and the income of the claimant construed by the Tribunal at Rs.3,000/- is on the lower side and it ought to have been construed atleast at Rs.4,000/- per month. He would submit that even though the claimant has not filed an appeal, this Court in exercise of the power under Order 41 Rule 33 CPC, can enhance the compensation in order to award just and reasonable compensation and as such he prays for modifying the award by enhancing the compensation.