LAWS(KAR)-2018-7-394

SRI ANNAYYAPPAN, S/O. SENBAGAM ACHARI AND OTHER Vs. THE MANAGING DIRECTOR T.N.S.T. CORP (VPM) LTD. AND OTHER

Decided On July 17, 2018
Sri Annayyappan, S/O. Senbagam Achari And Other Appellant
V/S
The Managing Director T.N.S.T. Corp (Vpm) Ltd. And Other Respondents

JUDGEMENT

(1.) The appeal in MFA No.7926/2012 by the claimant and the appeal in MFA No. 446/2013 by the owner of the vehicle challenge the same judgment and award dated 30.05.2012 made by the MACT, Bengaluru City, allowing MVC No. 7662/2010 whereby a compensation of Rs. 2,42,707/- is awarded with interest at 6% p.a. thereon, subject to the default clause of 9% interest.

(2.) The brief facts of the case are:

(3.) Learned counsel for the claimant contends that the compensation awarded to the claimant is too much on the lower side in as much as the income of the claimant has been wrongly taken at Rs. 4,500/- per month as against the claim of Rs. 15,000/- per month;the MACT has awarded any amount by way of compensation under the head 'Loss of amenities'; the MACT has taken the over all physical occupational disability at 15% as against the limb disability of 30.5% and therefore, it ought to have taken the same i.e., 30.5% since the injured was a carpenter by occupation where the lower limbs have a pivotal role.