LAWS(KAR)-2014-11-55

UDAY Vs. SHAFEE MOHAMMED

Decided On November 14, 2014
UDAY Appellant
V/S
Shafee Mohammed Respondents

JUDGEMENT

(1.) THIS appeal is filed by the appellant/claimant under Section 173(1) of M.V. Act for enhancement of compensation awarded in MVC No. 701/2008 on the file of the Additional District Judge, MACT, Chickmagalur by judgment and award dated 30.04.2010.

(2.) I have heard the learned counsel for the appellant -claimant and learned counsel for respondent No. 3 -Oriental Insurance Company Ltd., Perused the records.

(3.) IT is borne out from the records that claimant -Uday met with motor vehicle accident on 09.06.2008 and sustained grievous injuries for which he was treated in Thejasvini Hospital, Mangalore. He was inpatient for a considerable period of time. He spent substantial amount for his treatment and inspite of best treatment he has suffered 90% of disability. Hence, he filed claim petition. The Tribunal upon consideration of the material placed on record has awarded a total compensation of Rs. 3,88,660/ - together with interest at the rate of 6% per annum from the date of petition till the date of realisation. The Tribunal has awarded a sum of 35,000/ - under the head pain and agony, Rs. 9,700/ - under the head loss of earning during treatment, Rs. 7,760/ - under the head attendant charges, Rs. 2,59,200/ - under the head loss of future earnings, Rs. 25,000/ - towards loss of amenities, Rs. 10,000/ - towards food and extra nourishment and conveyance and Rs. 42,000/ - towards medical expenses.