IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 7 day of December 201 1 Before THE HON’BLE MRJUSTICE HNNAGAMOHAN DAS 1iscq laneous F irst A ea No 2085..3/2Q05 BETWEEN Shri Iranna SNvaputrappa Nilugol. Age: 29 years, Rio. Kadrolli, Taf Baflhongal & Dst. Belaum . Appellant (By Sri. T.M.Nadaf for Sri. Manjunath Meled. Advocate) AND: I Shri \/eerangouda B PaN Rio M.Mallapur, Tal: Gokak, Dist: Belgau m.. 2’. The Dvsonai Manaoer National Insurance Company Divisional Office, 1732, Ramadev GaiN. Belganni. .,,Resonderts (by Sri. 5. \.,j , 3’ e’:. I civocate icr vs ;: ‘ - 5rz. ‘.‘,Tho This miscellaneous first eppeal i’s filed nnder Section 173(1) e r —c ens e 55 208 cessed in r,ivc. Nc281:cI200s.,,r, o the Cv::. (‘Sr. Do.’) & Member, AddI. tvlotor Accident Claims Tribunal, Ba(ihongal. partly a. Ilowing the claim petition for compensation and seek;no enhancement of cornoensation. This appea coming on for aumission this• boy, the court delivers.d. fhe following:: JUDGMENT This appeal is directed against the judgment and award dated 5th May 2008 in M.V.C. No.2505/2006 passed by the Motor Accident Claims Tribunal at Bailhongal. 2. The main grievance of the appellant is inadequacy of compensation awarded by the Tribunal. On the date of accident. the appellant was aged about 27 years and proper multiplier is 17. According to the petitioner, he was working as centering worker in building construction and accident was of the year 2006 and) therefore. a minimum of 3,500I- is to be taken as monthly income. In the accident, the appellant sustained physical disability to an extent of 20% to the whole body and the Tribunal had rightly taken 8% as functional disability. Therefore, under the head loss of future earning capacity. the appellant is entitled for compensation as under: fl,500 x 12 x 17 x 8/100 = Z57,120/- 3. Towards loss of amenities in life, the Tribunal awarded only a sum of 7,000/- and the same is to be enhanced to 4 F or the reasons statc 1 3bc.vc. thc bII • cj ORDER :1 I, I’ e ‘I ‘is., •‘ V • • ‘‘-I :3.: 1’’.’. ‘4 ‘I let. ‘.afp.jr,’ . •ji. .tFi. ‘ttj .,_‘_ t._. • — I ‘ It ‘1 • 10 000 Undet the head loss nf inconie Jurirv. !r:i :f ‘w tricS tnt- I !il’LW’i, J.j’Jrd i”’. ii jf ‘4 :4 h .f It t’ p. _‘ t . - t ‘, f’ i . . .— .f the appellant “ nt.t’c4 c r r i nc c. jrn’. si . I he nrnpensatton awaidc a un i- r o!hr wi ° ‘ t. rj,curnstanceq et iru- case is r an iUanc vith ‘dW ‘i ‘Th 4)[’C a I’ lit ra; The •ujn v ci !t.1 ‘ _‘. • C .isFtt _tJ I. !‘ e 1 fl V) 4 V