LAWS(KAR)-2016-4-28

VALISAB Vs. NARASIMHALU AND ORS.

Decided On April 13, 2016
Valisab Appellant
V/S
Narasimhalu And Ors. Respondents

JUDGEMENT

(1.) This appeal by the Claimant is directed against the Judgment and Award passed by the Motor Accident Claims Tribunal, Raichur in MVC No. 85/2012, seeking enhancement of compensation.

(2.) Learned Counsel for the Claimant would contend that the claimant has sustained grievous injuries on account of motor vehicle accident. The claimant was hospitalized for 48 days, his four toes and lateral portion of the left foot have been amputated. It is contended that the injured was working as a Cook. Due to the functional disability, his avocation of Cook is totally disturbed. The Tribunal ignoring the medical records and the evidence of P.W. 2 - Doctor wrongly assessed the functional disability of the Injured at 15% and awarded meager compensation. Accordingly, he seeks for enhancement of the compensation.

(3.) On the other hand, learned Counsel appearing for the Insurer justifying the Judgment and Award passed by the Tribunal, would contend that the Tribunal after considering the evidence on record, has awarded just and reasonable compensation which does not call for any interference by this Court. Thus, he seeks for dismissal of the appeal.