B L JAYAKUMAR Vs. MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION BTS DIVISION BANGALORE

JUDGEMENT

(1.) THIS is a claimant's appeal to challenge the judgment and award dated 11-2-1992 in M. V. C. No. 1591 of 1988 passed by the motor accidents claims tribunal viii, Bangalore (hereinafter referred to as the mact for short ). In passing the same, as against the claim of Rs. 2,50,000/-, the mact had awarded a global compensation of Rs. 42,500/- together with interest at 6% p. a.

(2.) THE learned counsel for the appellant while taking me through the facts of the case and further the impugned judgment, argued that in passing the impugned judgment, the mact had awarded in all a sum of Rs. 42,500/- under the following heads.

(3.) IT is submitted by Sri subramanya that the award of compensation under the head 'general damages' to the tune of Rs. 35,000/- is on the lower side, particularly when the appellant before the mact claimed that he was a student pursuing his ii year b. sc. Degree class and that the evidence of the doctor-witness was to the effect that the appellant- claimant had lost vision in his left eye and that injury had also resulted in loss of his memory power. On going through the evidence on record, it is seen therein that in the evidence of the doctor-witness that there is overall disability to an extent of 30% in the appellant- claimant, in the total loss of vision in his left eye. The mact had awarded a sum of Rs. 35,0007- on that count and as it had been pointed out by the learned counsel for the appellant, the learned mact had awarded the said sum, as no authority was cited before it. Even when the matter is before this court, the learned counsel for the appellant could not reach a decision applicable to the facts in hand to substantiate his argument. He had cited before me dharma pal madhok v sharwan singh and others , wherein a law officer working in police department had lost his left eye, teeth and suffered complete disfiguration of the face resulting in suffering of the appellant claimant. In that case, the disability as per medical evidence was to an extent of 40% and the computation of the award was enhanced from Rs. 55,0007- to Rs. 2,50,000/ -. In another case in 1996 ACJ 372, where a commercial assistant working in swiss embassy had lost right eye, the compensation was enhanced from Rs. 66,200/- to a sum of Rs. 2,00,0007- and yet another decision of the division bench of Punjab and Haryana High Courtin 1995 ACJ 1048, wherein in a civil writ petition, an infant baby had lost its eye due to the negligence of the doctors and the division bench of that court had awarded a global compensation of Rs. 1,00,000/ -.