JAYAVARDHANA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

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

(2.) This appeal is filed by the claimant challenging the judgment and award dated 15.6.2011 passed in M.V.C.No.3010/2010 on the file of the IX Additional Senior Civil Judge, Small Causes Court, Bangalore, questioning the quantum of compensation awarded by the Tribunal.

(3.) The grounds urged in the appeal memorandum is that the Tribunal has committed an error in awarding the compensation of Rs.79,000/-. The Tribunal failed to take into consideration the documents at Exs.P.13 to 20 and awarded only Rs.15,000/- under the head 'medical expenses', even though documents are produced to the tune of Rs.17,627/-. The Tribunal committed an error in awarding an amount of Rs.25,000/- under the head 'pain and agony'. The Tribunal awarded an amount of Rs.10,000/- under the head 'loss of disability' and also failed to take the income as Rs.6,000/- to 7,000/- per month and the Tribunal has taken the income as Rs.3,000/- per month, even though the claimant was an auto driver and the same is substantiated by document Ex.P.8. The Tribunal has not awarded just and reasonable compensation. The learned counsel for the appellant in his argument also contended that the Tribunal has committed an error in not awarding just and reasonable compensation under all the heads. Hence, it requires to re-visit the compensation awarded by the Tribunal.