SINGAIAH Vs. VENKATARAO POTTE

JUDGEMENT

(1.) THE above appeal is preferred against the judgment and award dated 07.12.2009 passed in MVC No. 1428/2007 on the file of Member, Addl. MACT, Srirangapatna. It is the case of the claimant that in the accident which occurred on 26.07.2007 at about 11 PM wherein the lorry bearing Regn. No. AP -07 -T -7570 was involved in the accident which occurred on account of the rash driving of the said lorry, he sustained grievous injuries; he incurred heavy expenses for his treatment and other incidental expenses despite which he has the disability and in the circumstances, he sought awarding of compensation from the owner and insurer of the said vehicle. Further, it is contended by him at the time when he met with the accident, he was working as an agricultural labourer earning Rs. 6000/ - per month and on account of the injuries, he is unable to carry out the said work.

(2.) THE tribunal by appreciating the evidence led in, deemed it fit to award sum of Rs. 2,51,200/ - with interest at the rate of 6% p.a. from the date of petition till realisation.

(3.) IT is submitted by the learned counsel for the claimant that the income assessed by the tribunal at Rs. 3000/ - per month is on the lower side. Even notionally taking into consideration the age of the claimant as 40 years as on the date of the accident and the year of accident as 2007, the income can be assessed at Rs. 5000/ - per month. Further, he contended that the amount awarded under various other heads is also on the lower side and no amount is awarded towards loss of income during laid -up period and loss of amenities.