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2000 Supreme(Kar) 454

N.S.VEERABHADRAIAH
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
D. C. RAJANNA – Respondent


Advocates:
B.N.Suresh, H.G.RAMESH, S.Yathiraj

N. S. VEERABHADRAIAH, J.

( 1 ) THIS is the insurer's appeal questioning the quantum of compensation awarded by the Claims tribunal and VII Addl. Judge, Court of small Causes, Bangalore City, in M. V. C. No. 2109 of 1995 dated 13. 3. 2000 only in so far as it relates to the award of compensation under the heading 'loss of future earnings'.

( 2 ) IN the road accident that took place on 6. 12. 1994 between the scooter and an autorickshaw, the petitioner D. C. Rajanna suffered with fracture of both bones of right leg. As a result, the Tribunal awarded a total compensation of Rs. 1,75,000. The insurer questioned only the award of compensation of Rs. 1,15,200 on the heading in so far as it relates to the 'loss of future earnings'.

( 3 ) LEARNED counsel Mr. H. G. Ramesh, for the appellant contended that at the time of the accident, the injured was working as Deputy Manager in H. M. T. Therefore, there was no loss of any future earnings and the award of compensation of Rs. 1,15,200 on the heading Loss of future earnings is not sustainable and at the most, some compensation has to be awarded towards disability only. Accordingly, prayed to allow the appeal by modifying the award of the Claim








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