LAWS(SC)-2022-12-69

RAJAN Vs. ANIL VARGHESE

Decided On December 02, 2022
RAJAN Appellant
V/S
Anil Varghese Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is before this Court seeking enhancement of compensation as against the sum of Rs.25,13,995.00 awarded by the High Court through its judgment dtd. 26/2/2018. At the first instance, the Motor Accident Claims Tribunal (for short 'MACT') having taken note of the evidence had awarded the compensation of Rs.21,06,955.00 through its award dtd. 10/12/2013.

(3.) The fact remains that the appellant had met with an accident on 4/6/2009 and due to the injuries suffered, both his lower limbs had to be amputated. It is in that light, the appellant had sought compensation contending that his disability should be reckoned at 100% per cent since he was employed as a cook at the time of accident and he would not be in a position to undertake the said avocation.