NATIONAL INSURANCE CO. LTD. Vs. ADIVEPPA

JUDGEMENT

(1.) PRESENT appeal is filed by the insurer challenging the quantum of compensation awarded to the 1st respondent, claimant in MVC No. 716/2010 by the MACT -XII, Bijapur on 11.04.2011. In all, a sum of Rs. 4,41,215/ - has been awarded as compensation with interest @ 6% p.a. from the date of THE petition till realization. The amount of compensation awarded under different heads is found in page No. 19 of the impugned judgment and it is as follows:

(2.) LEARNED counsel appearing for the appellant -insurance company has not disputed about the accident that took place and the claimant being injured in the said accident. What is argued by him is that the Tribunal has erroneously awarded a sum of Rs. 3,37,405/ - under the head "medical expenses -incurred", instead of the actual amount spent for treatment based on the medical bills placed on record. There is a lot of force in the submission made by the learned counsel for the insurer. With the assistance of both the learned counsel, the bills were verified and after due calculation, the exact amount spent for treatment and medicine is Rs. 1,91,143/ - instead of Rs. 3,37,405/ -. Therefore, a sum of Rs. 1,46,262/ - has been awarded in excess of what was actually incurred under the head medical expenses and treatment. Therefore, to that extent, the compensation will have to be modified.

(3.) ADMITTEDLY , claimant was drawing a salary of Rs. 11,810/ - per month. He has been given half -month salary and he is not given one month's salary, which he has lost by way of LWA. Therefore, loss of salary to an extent of one and half months will have to be taken into consideration. The total loss of salary would be Rs. 17,250/ - instead of Rs. 11,810/ -.