NAGARAJU Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel for both parties, the appeal is taken up for final disposal.

(2.) This appeal is preferred by the appellant against the judgment and award dated 02.06.2017, passed in MVC No.32/2015 by the Senior Civil Judge & Additional MACT, Sira, awarding compensation in a sum of Rs.3,90,000/- In the operative portion of the impugned judgment and award, the tribunal has ordered that the claimant appellant would be entitled interest at 9% p.a. only on Rs.3,70,000/- as the difference of Rs.20,000/- awarded towards future medical expenses would not carry interest. The appellant herein aggrieved by the compensation awarded by the tribunal on the ground that Rs.40,000/- awarded towards pain and sufferings is found to be inadequate and so also the Tribunal has assessed the income of the injured in a sum of Rs.7,000/- p.m. is also on the lower side. Therefore, the intervention of this Court is required in this appeal by considering the income of the deceased at Rs.12,000/- p.m. instead of Rs.7,000/- assessed by the tribunal. Hence, he prays for enhancement by awarding suitable compensation.

(3.) The factual matrix of the appeal is as under: