M. NAGESH Vs. A. RAHAMATHULLA AND ORS.

JUDGEMENT

(1.) THIS appeal is filed by the claimant against the impugned judgment and award dated 20.06.2014 passed in MVC No. 7810/2012 on the file of the VIII Additional Small Causes Judge & XXXIII ACMM, Member, MACT, Bengaluru (SCCH - 5) (hereinafter referred to as 'Tribunal' for brevity) awarding compensation of Rs. 13,07,500/ - with interest at 8% p.a. from the date of petition till the date of realisation, on account of the injuries sustained in the road traffic accident. Being dissatisfied by the quantum of compensation awarded by the tribunal, the claimant has presented this appeal.

(2.) THE brief facts of the case are:

(3.) SRI N. Gopalknshna, learned Counsel for the appellant submits that the Tribunal has erred in not taking the correct income of the appellant. The tribunal has also erred in not awarding reasonable compensation towards injury pain and sufferings, loss of income during laid up period, loss of future income and not awarding any compensation towards future medical expenses. The appellant was admitted for a period of 28 days in the hospital as inpatient and undergone surgery for amputation of right leg above knee and sustained other grievous injuries like right upper hand hanging and no sensation due to unsuccessful nerve surgery. The doctor who treated the appellant is also examined and he has opined that the appellant has sustained 100% permanent functional disability and he cannot continue the work of Carpenter but the tribunal has not assessed the disability to whole body. The doctor has also opined that the appellant requires artificial limb in future and has to incur some reasonable expenses. He further contends that the appellant has suffered loss of amenities, discomforts and unhappiness throughout his life. He has taken follow up treatment and bed rest as per the advice of the doctor. These aspects have not been looked nor considered by the tribunal while awarding compensation. The appellant was earning Rs. 10,000/ - p.m. but the tribunal has taken a meager amount of Rs. 3,375/ - p.m. and deducted 50% towards the personal expenses of the deceased, contrary to the judgment rendered by the Apex Court in Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in : 2009 ACJ 1298.