LAWS(KAR)-2019-6-456

MALLESHA Vs. SHIVARAJAKUMAR

Decided On June 07, 2019
Mallesha Appellant
V/S
Shivarajakumar Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment and award dated 23.02.2018 passed by the I Addl. Senior Civil Judge & AMACT, Chikkamagaluru, in MVC 39/2017, whereby the Tribunal has granted compensation of Rs.2,20,000.00 with interest at 6% per annum.

(2.) Brief facts of the case:

(3.) The learned counsel appearing for the claimant has contended that, at the time of accident, the claimant was aged 39 years, and earning Rs.15,000.00 per month. The Tribunal was not justified in taking his monthly income at Rs.8,000.00. He further contended, due to the accident, he has suffered grievous injuries and also underwent surgery. He has examined Dr. Ronald Menezes as P.W.2. The doctor in his deposition has stated that the claimant has suffered permanent disability of 30% to his right lower limb. The Tribunal has awarded meagre compensation under the category of 'loss of amenities' and 'pain and suffering' and under other categories. Hence, the learned counsel for the claimant prays for allowing the appeal.