LAWS(KAR)-2010-8-101

BANGALORE METROPOLITAN TRANSPORT CORPORATION BY ITS MANAGING DIRECTOR REPTD. BY ITS CHIEF LAW OFFICER Vs. KRISHNAPPA S/O THIMINEGOWDA, P. NARASIMHA MURTHY S/O PAPANNA, K.P. NAGESH AND THE NEW INDIA ASSURANCE CO. LIMITED

Decided On August 02, 2010
Bangalore Metropolitan Transport Corporation By Its Managing Director Reptd. By Its Chief Law Officer Appellant
V/S
Krishnappa S/O Thiminegowda, P. Narasimha Murthy S/O Papanna, K.P. Nagesh And The New India Assurance Co. Limited Respondents

JUDGEMENT

(1.) BANGALORE Metropolitan Transport Corporation, K.H. Road, Shanthinagar, (for short 'the Corporation') has filed this appeal challenging the judgment and award in MVC No. 5653/2002 dated 13.12.2005 on the file of the Motor Accident Claims Tribunal, Bangalore, whereby the Tribunal has awarded a total compensation of Rs. 93,000/ - with interest from the dale of the application till the dale of deposit to the first respondent -claimant. The claimant has filed MFA. Crob. No. 475/2007 seeking enhancement of compensation.

(2.) I have heard the learned Counsel for the parties.

(3.) LEARNED Counsel for the claimant submits that when the Tribunal has come to a conclusion that the claimant had permanent disability of 47% to the whole body, it ought to have awarded compensation towards loss of future income. It is contended that having regard to the accident, the claimant has lost vision of his right eye. He is suffering from severe pain at lumbar region. He is finding it difficult for walking and squatting. The Doctor, who has treated the claimant has rightly stated that the claimant has suffered 50% permanent disability to both the shoulders and spine, 90% to the loss of right eye and 47% to the whole body. He prays for enhancement of the compensation.