P. MUNIYAPPA Vs. MANAGING DIRECTOR, KSRTC

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award in MVC No. 4598/2008 dated 8.3.2011 on the file of the Motor Accident Claims Tribunal at Bangalore, whereby the Tribunal has awarded total compensation of Rs. 4,62,200/ - with interest at 6% per annum from the date of the petition till the date of deposit. Learned Counsel for the appellant would contend that the accident had occurred on 9.3.2008. The claimant was aged 55 years. He was working as a mason and was also rearing the cows and vending milk and earning Rs. 15,000/ - per month. The claimant had sustained grievous injuries in the accident. The Doctor has assessed 90% permanent disability to a particular limb and 40% permanent disability to the whole body. Since the claimant was doing agriculture and also vending milk, the functional disability is 100%. Strangely, the Tribunal has assessed 25% permanent disability to the whole body. It has taken the income of the claimant at Rs. 4,000/ - per month for the purpose of computation of loss of future earning capacity. It is argued that having regard to the injuries sustained by him, the Tribunal ought to have awarded compensation towards loss of amenities. It is further contended that the claimant has to undergo surgery for removal of the implants. The Doctor in his evidence has stated that the claimant requires a further sum of Rs. 2 lakhs towards future medical expenses. He prays for enhancement of compensation.

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

(3.) AS stated above, the accident had occurred on 9.3.2008. The claimant was aged 55 years. The Doctor in his evidence has deposed that the claimant had sustained the following injuries: