BASIL PAULOSE Vs. VENKATESH N. RAO AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Bangalore, [the 'Tribunal', for short] in MVC No. 1480/2009.

(2.) Briefly stated the facts are:

(3.) Learned Counsel appearing for the appellant, would contend that the appellant was working as an Application Engineer at Mahaveer Infosys Limited, Bengaluru and was aged about 25 at the time of the accident. He was earning Rs.20,000/- plus incentives ranging from Rs.6,000/- to Rs.8,000/- per month. The appellant has sustained fracture of both bones of left leg. He was admitted to Deepak Nursing Home, Bangalore and later he was shifted to Maharaja Agrasena Hospital, Bangalore, as an inpatient from 16.2.2009 to 19.2.2009. Due to the grievous injuries sustained by him, the claimant sustained scars. He has to suffer with the scars all along his life. The fracture sustained by him in the left leg definitely reduces his functional disability which has a direct impact on his earning capacity. The Tribunal without appreciating these vital aspects awarded meagre compensation of Rs.2,09,200/-. Accordingly, he seeks for enhancement of the compensation.