B.T. NAGARAJA RAO Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) THIS is an appeal filed by the claimant for enhancement of compensation.

(2.) LEARNED counsel appearing for the appellant submits that the Tribunal erred in not awarding adequate compensation towards pain and suffering, medical and future medical expenses, loss of amenities, loss of income during the period of treatment and rest, conveyance and attendant charges and loss of future income.

(3.) IT is the case of the claimant that he was 55 years old, working as a Cook and earning Rs. 15,000/ - p.m., and he sustained grievous injuries in the motor accident that occurred on 15.11.2012. He filed a claim petition seeking compensation of Rs. 10,00,000/ - towards personal injuries sustained by him in the motor accident. Before the Tribunal, the claimant got himself examined as P.W. 1 besides examining Dr. S.A. Somashekar, Smt. Lakshmidevi and R. Ravi as P.Ws. 2 to 4 and got marked Exs. P.1 to P.19. In rebuttal, one Sri. B.V. Sharath Singh, driver of the bus was examined as R.W. 1. The Tribunal has answered Issue No. 1 on the point of negligence in favour of the claimant and discussed about the earnings of the claimant and fixed his income at Rs. 5,000/ - p.m., and awarded compensation as under: