GOPALAIAH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Prl. Civil Judge (SD) & CJM, Tumkur in MVC No. 1114/2007 dated 3.4.2010. According to the learned counsel for the claimant, on 16.4.2007 at about 7:45 p.m. when the claimant was proceeding in a lorry bearing No. KA-02- B-4469 as a paid passenger from Bommanahalli to his native on Bangalore-Tumkur Road in front of IOC Petrol Bunk, Dabaspete, the driver of another lorry bearing HR-38-5810 came in a rash and negligent manner and dashed against his lorry. Due to the said impact, the claimant sustained injuries. Hence, he filed the claim petition before the Tribunal seeking compensation.

(2.) The respondent contested the matter. The Tribunal raised 3 issues for consideration. After enquiry, the Tribunal held that the accident occurred due to rash and negligent driving of the lorry bearing No. HR-38-5810 by its driver and awarded compensation of Rs. 26,033/- with interest at 6% p.a. from the date of petition till payment. Aggrieved by the quantum of compensation awarded by the Tribunal, the present appeal is filed.

(3.) The learned counsel for the claimant submits that as per wound certificate, the claimant has sustained lacerated wound over middle aspect right ankle over the medial malleolus and lacerated wound over the medial aspect of right foot, abrasion over right knee, tenderness over right knee and multiple superficial lacerated wound over the dorsum of right foot. The claimant was treated as inpatient for more than 17 days and underwent operation. He has spent more than Rs. 40,000/- towards medical expenses. The claimant is stated to have suffered 20% to 25% disability to the upper limb. But the Tribunal has not taken the disability into consideration stating that the disability of 8% to whole body is negligible. However, no compensation is awarded under the head "future earning capacity".