NARASEGOWDA Vs. SHANKAR K. AND ORS.

JUDGEMENT

(1.) THIS appeal is filed by the claimant against the impugned judgment and award dated 01.07.2013 passed in MVC No. 6110/2011 on the file of the XI Additional Judge & MACT, Court of Small Causes (SCCH -12), Bangalore City (hereinafter referred to as 'Tribunal' for brevity) awarding compensation of Rs. 4,09,366/ - with interest at 6% p.a., on account of the injuries suffered in a road traffic accident.

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

(3.) SRI Lohitaswa Banakar, learned Counsel for the appellant submits that the Tribunal has erred in not awarding just and reasonable compensation towards loss of income during laid up period, loss of amenities, discomforts and unhappiness and future medical expenses. He also pointed out that the appellant suffered grievous and simple injuries and was admitted in the hospital for 11 days and undergone one surgery. The doctor has assessed the disability at 33% to the whole body and has stated that the appellant requires future medical treatment. He has spent reasonable amount towards conveyance, nourishing food and attendant charges and has taken up rest and follow up treatment. The appellant has suffered pain and sufferings and has to suffer unhappiness and discomforts throughout his life. He further submitted that the rate of interest at 6% p.a. awarded by the Tribunal is also on the lower side. As per the catena of judgments of the Apex Court and this Court, the rate of interest may be modified and at least interest at the rate of 9% to 10% p.a. may be awarded. Therefore, he prays that the claimant may be awarded just and reasonable compensation by modifying the impugned judgment and award passed by the tribunal.