SUPERINTENDENT OF POLICE Vs. B NAGARAJA

JUDGEMENT

(1.) The appeal has been filed by the employer of the claimant and the Karnataka Government Insurance Department challenging the judgment and award passed in M.V.C.No.108/2003 wherein the Tribunal had awarded compensation of Rs.9,46,000/- together with interest at 9% per annum from the date of the petition till the date of deposit and the cross-objection is filed by the legal representatives of claimant seeking enhancement of compensation on the heads of attendant charges, loss of earning during laid up period, loss of amenities, future medical expenses and other heads.

(2.) The parties are referred to as per their ranking in the Tribunal, for the purpose of convenience.

(3.) The facts as made out in the claim petition was that on 25.7.2002 at about 12.30 a.m., the claimant in the course of employment was driving the Police Van from the office of the District Armed Police to Hiriyur on bandobasth duty. It is at that time, the vehicle met with an accident when a lorry being driven in a rash and negligent manner dashed against the said vehicle resulting in grievous injuries to head, arms, legs and other parts of the body of the petitioner. It is averred in the claim petition that the petitioner immediately developed medical complications and had suffered stroke which had paralised limbs of the petitioner. The petitioner had obtained first aid treatment at Government Hospital, Chitradurga and had also taken further treatment at Bapuji Hospital, Davanagere, wherein he was operated upon and continued to take treatment at the Government Hospital at Chitradurga. Due to the medical complications, there was amputation of left leg at St. John's Hospital, Bengaluru and the claimant asserts that an amount of Rs.3,00,000/- was incurred as expenditure.