LAWS(KAR)-2018-7-554

SHAHAJAHAN S/O LATE ABDUL SUHAN Vs. THE DIVISIONAL MANAGER CHOLAMANDALAM MS. GENERAL INSURANCE CO. LTD. AND OTHERS

Decided On July 19, 2018
Shahajahan S/O Late Abdul Suhan Appellant
V/S
The Divisional Manager Cholamandalam Ms. General Insurance Co. Ltd. And Others Respondents

JUDGEMENT

(1.) This claimant's appeal challenging the judgment and award dated 02.02.2012 made by the Additional M.A.C.T. at Mysore allowing the claimant's M.V.C.No.786/2011, whereby 80% of Rs. 2,50,000/- was awarded by way of compensation with 6% annual interest thereon.

(2.) The brief facts of the case are that:

(3.) The learned counsel for the claimant firstly points out that the Tribunal wrongly has taken Rs. 3,000/- to be and as the notional monthly income of the injured claimant and consequently the award of compensation has become too meagre. Secondly, he points out that the compensation of Rs. 30,000/- awarded under the head 'pain and suffering' is on a lower side and it ought to have been atleast Rs. 50,000/-; similarly he points out that the amount of compensation paid under the head 'future medical expenses' is only Rs. 10,000/- when it ought to have been Rs. 20,000/-. The counsel also submits that the compensation of Rs. 10,000/- awarded under the head 'loss of amenities in life' is militantly on the lower side. He presses into serve the 'Notional Income Chart' (NIC) of the Lok Adalat in support of his submission. He also mentions about the talks in the Lok Adalat.