CASE TITLE
SRI LAKSHMANA GOWDA B.N VS THE ORIENTAL INSURANCE CO. LTD. CO. LTD. AND ANOTHER
BENCH
HONBLE JUSTICE MR. ARAVIND KUMAR
FACTS OF THE CASE
- The appellant being unsatisfied with the amount of compensation awarded by the Motor Vehicles Tribunal has preferred the appeal.
- The High Court of Karnataka vide judgement dated 07.01.2019 affirmed the compensation Rs.2,36.812/ by the tribunal.
- The appellant-claimant aggrieved by the judgement of the high court has preferred the special leave petition before the apex court.
- The appellant-claimant suffered injuries due to road accident on 22.12.2007. For the compensation, petition was filed under Section 166 of the Motor Vehicles Act.
ARGUMENTS OF THE APPELLANT
- The learned counsel appearing on behalf of the appellant submitted that the tribunal has committed error in awarding the compensation.
- The counsel contended that the tribunal has awarded less compensation contrary to the evidence on record.
- It was submitted that the tribunal has completely ignored the material fact that as per the medical evidence the permanent physical disability to the whole body was 48%.
- The counsel prayed for enhanced compensation.
ARGUMENTS OF THE RESPONDENT
- The learned counsel appearing on behalf of the respondent submitted that there has been no error committed by the tribunal.
- It was contended that the all-necessary factors had been taken into consideration for awarding the compensation.
- It was contended to dismiss the petition.
OBSERVATIONS OF THE COURT
- The court observed that the medical record reflects that the appellant-claimant has suffered multiple fractures involving zygomatic arch and squamous temporal bones.
- Court observed that the appellant was under continuous treatment which entitles him for additional compensation.
- Court observed that the Unique Disability Identification Card issued to the appellant indicates 75 percentage of disability.
- Court held that the tribunal as well as the High Court has committed serious error in awarding the compensation.
- It was observed by the Court that the tribunal has committed error in assessing the Income of the appellant as 3000 per month instead of 8000 per month.
- The court enhanced the compensation to Rs.15,94,812/ with interest @6% p.a.
