PAMPAPATHI Vs. VEERES

JUDGEMENT

(1.) Challenging impugned judgment and award dtd. 15/9/2011 passed by Senior Civil Judge and M.A.C.T., at Gangavathi, in M.V.C.No.41/2011, this appeal is filed by claimant seeking enhancement of compensation.

(2.) Occurrence of accident on 30/12/2010, due to rash and negligent riding of motorcycle bearing registration No.KA-37/L- 3885 and claimant sustaining injuries therein is not in dispute. Issuance of insurance policy and it's validity as on date of accident are also not in dispute. Claimant filed claim petition under Sec. 166 of Motor Vehicles Act, 1988. Tribunal has allowed in part. Not satisfied with quantum of compensation claimant is in appeal.

(3.) Sri.M.Amaregouda, learned counsel for claimant/appellant submits that though claimant had stated that he was 28 years of age, working as bar-bender and earning more than Rs.9,000.00 per month, tribunal considered his monthly income at meager amount Rs.3,000.00. Same calls for enhancement. Consequently, compensation towards 'loss of earning during laid up period' also requires to be scaled up. It was further submitted that claimant sustained fracture of right tibia assessed by P.W.2- Dr.H.Mallanagouda for disability to whole body disability at 10 to 13%. However, tribunal considered it as 10% which requires enhancement. Tribunal awarded meager compensation towards 'loss of amenities at Rs.4,000.00 which requires enhancement.