GUDIYAPPA Vs. LINGARAJU

JUDGEMENT

(1.) This appeal by the claimant challenges the judgment and award dated 21.11.2009 made by the MACT, Tumkur allowing the claim petition in M.V.C No.646/2007 whereby a compensation of Rs. 2,34,731/- with interest at the rate of 6 % per annum subject to usual condition of bank deposit, has been awarded. The challenge is on the grounds of inadequacy of compensation and liability of the insurer.

(2.) The fact matrix of the case that the vehicular accident happened on 10.02007, because of rash and negligent driving of the offending Auto bearing Registration No.KA-06-H-477 resulting into grievous injuries to the claimant, is established by the pleadings of the parties as supported by the evidentiary material placed on record. The MACT, accordingly has made the impugned judgment and award.

(3.) The learned counsel for the claimant finds fault with the judgment and award on the ground that what has been awarded as compensation is much on the lower side; the MACT has taken very meager monthly income and so also the percentage of occupational disability; the MACT has erred in treating the claim with a primitive approach; he also finds fault with the MACT in apportioning the liability between the insurer and the owner of the offending vehicle in the ration of 50:50, without any logic.