KISHAN V. MESTHA Vs. MANJUNATH SHETTY AND THE NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY DIVISIONAL OFFICER

JUDGEMENT

(1.) THOUGH this matter is posted for orders, the same is taken for final disposal with the consent of learned counsel for both the parties. This appeal by the claimant is arising out of the impugned judgment and award dated 31.8.2012 in MVC No. 885/2011 on the file Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Kundapura (hereinafter referred to as 'Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 2,04,800/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by him in the road traffic accident.

(3.) LEARNED counsel appearing for the appellant submits that, the Tribunal has erred in not awarding reasonable compensation towards loss of amenities and loss of future income and what is awarded is on the lower side and requires enhancement. He is quick to point out and submit that the Doctors have assessed the permanent disability to the whole body at 16%. He further submitted that the appellant is not in a position to this work as he was doing earlier. Discomfort and unhappiness persists throughout his life since there is restriction of movement of left wrist and wastage of muscles in the left wrist. This aspect has not been considered nor appreciated or awarded reasonable compensation by the Tribunal. Therefore, impugned judgment and award passed by the Tribunal is liable to be modified awarding just and reasonable compensation.