MADHAVA BANGERA Vs. ABDUL HAMEED AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 28th February 2013 passed in M.V.C. No. 1847/2011 on the file of the Principal Senior Civil Judge and Motor Accident Claims Tribunal at Mangalore, (hereinafter referred to as 'Tribunal' for short) seeking enhancement of compensation.

(2.) THE Tribunal by its impugned judgment and award, has awarded a sum of Rs. 3,95,800/ - with interest at 6% p.a., from the date of petition till its realization under different heads on account of the grievous injuries sustained by the appellant in the road traffic accident. The claimant has presented this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.

(3.) IT is the submission of learned Counsel appearing for the appellant Sri. C.P. Rajesh at the outset that, the Tribunal has erred in not assessing the reasonable income of the appellant as he is doing coolie work, earning more than Rs. 8,000/ - per month and the same is to be re -determined and award reasonable compensation. Further, he submitted that the appellant had suffered grievous injuries in the road traffic accident and he has examined the Doctor, who in turn has assessed the permanent disability at 32% to whole body and as the appellant was working as coolie he is not in a position to do his job on account of permanent disability sustained in the road traffic accident and has suffered pain and agony. The appellant has undergone follow up treatment for more than 12 months on account of discomfort, frustration and unhappiness. This aspect of the matter has not been looked into or considered by the Tribunal. On the contrary, the Tribunal has taken the disability at only 20% to the whole body as against 32% assessed by the Doctor. Therefore, he submits that the same may be re -appreciated after due consideration of oral and documentary evidence available on record having regard to the year of accident, age and avocation of the appellant and the impugned Judgment and Award requires modification by enhancing reasonable compensation.