SANJUMUMAR Vs. HIRGANNA

JUDGEMENT

(1.) The claimant being aggrieved by the judgment and award passed by the III Addl. Senior Civil Judge & MACT, Kalaburagi has preferred this appeal for enhancement of compensation. There is no dispute whatsoever by the respondent with record to the awarding of compensation by the trial Court and as well as the liability of the respondent-insurance company. The trial Court after going through in detailed has granted the compensation on various heads which are enumerated below. <FRM>JUDGEMENT_339_LAWS(KAR)6_2019_1.html</FRM>

(2.) The learned counsel for the petitioner strenuously contends that, the trial Court has awarded very meager amount towards the heads, pain and sufferings, future loss of income, attendant charges and loss of amenities and income during the period of treatment. He further submitted that the Court has not at all awarded any compensation towards the future medical expenses and as well as the marriage prospects of the petitioner. He further contends before the court that the trial court has taken the disability at the rate of 40% as against the 60% as stated by the doctor, who has also deposed about the various sufferings of the claimant. He further contended that, though the trial Court has come to the conclusion that, the petitioner has suffered various injuries to head, but awarded a lesser amount of Rs.30,000.00 towards pain and sufferings and consequentially the amenities have also not been granted. Further it is argued that, the petitioner is a I.T.I. Certificate holder, in fact the same was produced before this Court by way of additional documents along with other documents with an application U/o 41 Rule 27 Civil Procedure Code R/w Sec. 151 of CPC. Therefore, the learned counsel contended that the claimant is more than a coolie worker and he is a skilled labour. Therefore, at least an amount of Rs.15,000.00 has to be taken as his income per month. Therefore, in all the learned counsel submitted that the compensation granted by the trial court is on the lower side.

(3.) Per contra, the learned counsel for the respondent submitted that the trial court after considering the entire facts and circumstances and the documentary evidence placed before it, rightly came to the conclusion and awarded compensation which is justifiable and the same is appropriate under the facts and circumstances of the case. Therefore, he pleaded for dismissal of the appeal. He also contended that though some of the documents i.e. marks card of the petitioner issued by the Department of Employment and Training, State Board of Examination and also the Karnataka German Technical Training Institute showing that the petitioner has passed the I.T.I. as a Electrician and also as Basic Computer Course are produced before this Court may be accepted, but he strenuously disputed the disability certificate issued by Directorate for the Empowerment of Differently Abled and Senior Citizens, Bangalore in Serial No.624491 and further three photographs has been produced by the claimant cannot be accepted without evidence. On careful perusal of the above said documents, though the other side has objected those documents have been issued by the Public Authority, whether the Court can rely upon the contents of those documents is the second question, but there is no hurdle for this Court to take those documents on record for the purpose of perusal of the same. Admissions of the documents before the Court is all together different with that of appreciation and relying upon such documents. When these documents were issued by the competent authorities and the competency of the authorities have not been disputed by the other side. We have no hesitation to allow the application subject to the appreciation of the contents of the documents in accordance with law. Therefore, the application filed U/o 41 Rule 27 Civil Procedure Code is hereby allowed and documents are taken on record. For the purpose of easy identification of the documents before this Court are marked as Exhibits A-series. Provisional National Trade Certificate as A-1, Karnataka German Technical Training Institute, Gulbarga as A-2, and Disability Differently Abled Persons certificate issued the Directorate for the Empowerment of Differently Abled and Senior Citizens as A-3 and Three photographs as A-4 to 6.