DR.H.P. NATRAJ S/O. PADMANAABHAIAH NO.44, SANKRANTHI LAYOUT J.P. NAGAR, 7TH PHASE, OPP. GAURAV NAGAR BUS STOP, BCNGAIURU 78 Vs. PRAMOD PRASHANTH PILLAI V. S/O. YESUPADAM K.J. R/AT NO.821, 31ST CROSS TILAK NAGAR, JAYANAGAR, BENGALURU 41

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award in MVC No.4242/2012 dated 18.02.2015 on the file of XXII Additional Small Causes Judge & Member, MACT, Bengaluru (for short 'Tribunal'), whereby the Tribunal has awarded a total compensation of Rs.99,000.00 with interest at 6% p.a. from the date of petition till die date of deposit. The claimant has filed this appeal seeking enhancement of compensation.

(2.) The contention of the learned counsel for the appellant is that the claimant had sustained grievous injuries in the accident in question. He was hospitalized for 15 days. 'The Doctors, who were examined as PWs.4 and 5 have deposed that the claimant has sustained 60% of loss of hearing. PW.5 has specifically stated that the claimant has sustained 40% of avocational disability. This injury has direct effect on the future earning of the claimant. It is further argued that the Tribunal has not awarded entire medical expenses claimed by the claimant as per Ex.P.19 and die compensation awarded under other heads is also on the lower side.

(3.) On the other hand, learned Counsel appearing for the second respondent/insurance company has sought to justify the impugned judgment and award.