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2022 Supreme(SC) 165

M. R. SHAH, B. V. NAGARATHNA
Benson George – Appellant
Versus
Reliance General Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) :Karunakar Mahalik, Advocate
For the Respondent(s):Prerna Mehta, Advocate

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.09.2020 passed by the High Court of Karnataka at Bengaluru in M.F.A. No. 3183 of 2018 (MV), the original claimant has preferred the present appeal with the prayer to enhance the amount of compensation.

2. In a vehicular accident which occurred on 01.01.2013 the claimant sustained grievous brain injuries. He underwent brain surgery. Though he was discharged from the Hospital, he remained in coma even till the claim petition was filed. At the relevant time the claimant was working as a Process Supervisor in Deutsche Bank and earning Rs. 4,59,425/- per annum. That at the time of accident he was aged 29 years. That the claimant through his next friend i.e. his mother filed a claim petition before the Motor Accident Claims Tribunal. That the Learned Tribunal awarded Rs. 94,37,300/- on the different heads as under:

1.

Pain and sufferings

Rs. 1,30,000/-

2.

Loss of income during laid up period

Rs. 1,36,000/-

3.

Medical expenses

Rs. 9,91,869/-

4.

Loss

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