CHANNA BASAVA S/O BASAVARAJ Vs. SATHISH KUMAR B. S/O RAJAIAH AND THE BRANCH MANAGER

JUDGEMENT

(1.) CLAIMANT 's appeal for enhancement being aggrieved by judgment and award passed by Motor Accident Claims Tribunal -IX, Bellary, in M.V.C. No. 1024/2008 dated 02.01.2010. Heard learned advocates appearing for the parties. Perusal of judgment and award would indicate that Tribunal has allowed the claim petition in part and has awarded a total sum of Rs. 1,21,800/ - under the following heads:

(2.) PER contra, Sri M.K. Soudagar, learned counsel appearing for 2nd respondent -Insurance Company would vehemently contend that what has been awarded by the Tribunal is just and reasonable and it does not require any enhancement whatsoever and as such, he prays for dismissal of appeal with costs.

(3.) ACCIDENT in question had occurred on 24.04.2008 and even if claimant had been working as a coolie or a hamali he would have been paid a sum of Rs. 140/ - to Rs. 150/ - per day as wages during the said period. Hence, if wages of the claimant is considered at Rs. 150/ - per day, it would be just and reasonable and as such, award of the Tribunal insofar as granting compensation towards 'loss of future income' and 'loss of income during laid up period' requires to be re -computed by considering the monthly income of the claimant at Rs. 4,500/ -.