K.S. PRAKASH Vs. SYED FAROOK AND ORS.

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed challenging the Judgment and Award passed in MVC No.51/2010 on the file of Senior Civil Judge and MACT at Kaduru, Chickkamagaluru District dated 21st September, 2012, questioning the quantum of compensation awarded by the Tribunal contending that the same is meager.

(2.) Learned counsel for the appellant submits that the appellant/claimant met with an accident on 14.06.2009 and sustained the injuries on the right hip joint and other parts of the body. The Tribunal has erred in awarding only an amount of Rs.57,250/- with 6% interest and the Tribunal has failed to take note of the nature of injuries sustained by the claimant which is evident as per the wound certificate and also he has suffered a fracture of dislocation of right hip joint. Claimant was earning Rs.10,000/- p.m., and Tribunal has taken only Rs.3,000/- p.m. The Tribunal ought to have taken at least an amount of Rs.6,000/- p.m., towards earnings of the claimant. The Tribunal has also not considered both oral and documentary evidence while awarding compensation under different heads and hence, the Judgment and Award of the Tribunal is required to be modified.

(3.) On the other hand, learned counsel for respondent No.3-Insurance Company, in his arguments, contended that the accident is of the year 2009 and fairly concedes that the Tribunal has awarded meager compensation under all the heads and the same requires to be modified.