IRANGOUDA MALAGOUDA PATIL Vs. MEGHASHYAM KESHAV NAIK

JUDGEMENT

(1.) The appeal that is listed for admission is taken up for final disposal with the consent of the learned counsel for the parties.

(2.) The appellant is the claimant in MVC No.1588/2011 on the file of the Presiding Officer, Fast Track Court-III and AMACT, Belgaum, (for short 'the Tribunal'). The Tribunal by its judgment and award dated 6/8/2012 has partly allowed the claim petition granting to the Claimant compensation of Rs. 3,15,000/- along with interest at the rate of 8% p.a. from the date of petition till its realization.

(3.) The appellant is seeking enhancement of the compensation asserting that the claimant, who suffered certain lacerated wound and fracture of Tibia in a road accident caused by a truck on 16/3/2011, while he was traveling on his motor bike, has produced the Salary Certificate as per Ex.P11 to establish that he was working as a Security Guard with Daulat Shetkari Sakhar Karkhana Ltd., and earning a sum of Rs. 10,000/- per month. The Claimant has also established that he has suffered a permanent physical disability of 40% in the left knee joint and 15% in the left ankle joint resulting in a severe functional disability. But, the Tribunal, ignoring the materials on record, has taken the income of the appellant at the rate of Rs. 150/- per day and the functional disability at only 15% and awarded a sum Rs. 1,05,000/-towards Loss of Future Earning.