LAWS(KAR)-2005-11-9

MARUTI RAMCHANDRA KUMBAR Vs. MANOHAR KALLAPPA CHPUGALE

Decided On November 16, 2005
MARUTHI RAMACHANDRA KUMBAR Appellant
V/S
MANOHAR KALLAPPA CHOUGALE Respondents

JUDGEMENT

(1.) ALL these appeals arise out of the same accident. All the petitioners are the injured and inmates of a goods Tempo. The petitioners are potters who hired goods Tempo for transporting pottery. After sale, they were returning in the goods Tempo with the jowar bags.

(2.) PETITIONER in M. V. C. No. 893 of 2001 sustained fracture of the right radius. She is a potter, her income to be assessed at rs. 1,500 per month. Petitioner could be awarded Rs. 30,000 for pain and agony, rs. 10,000 towards medical and incidental expenses, Rs. 10,000 for loss of amenities and discomfort, Rs. 18,000 towards loss of future income on account of disability and rs. 6,000 for loss of income during laid up period. In all the petitioner is entitled to a compensation of Rs. 74,000 as against rs. 40,000 awarded by the Tribunal. On the enhanced compensation, the interest payable shall be 6 per cent per annum from the date of petition till payment. M. F. A. No. 3542 of 2003 is allowed as indicated above.

(3.) THE compensation awarded in the m. V. C. Nos. 894 and 896 of 2001 is just and proper and does not call for enhancement.