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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
Shivashankar Amarannavar
Amaramma, D/O Venkappa – Appellant
Versus
Yamanur, S/O Thimmanna Pujari – Respondent
JUDGMENT :
Shivashankar Amarannavar, J.
This appeal is filed by the appellant –claimant seeking enhancement of compensation as awarded in the judgment and award dated 23.07.2021 passed in MVC No.243/2019 by First Additional Senior Civil Judge and JMFC and MACT, Raichur.
2. Facts leading to file claim petition are as under;
That on 23.07.2017, the claimant and her mother has been to Sri Sai Temple to perform the pooja. After that they have boarded NEKRTC bus bearing No. KA -36 F- 783. At about 2.30p.m., both of them got down at Narakaladinni Village and at that time, driver of the bus without alighting or blowing horn has suddenly started the bus negligently and due to his said act, left side wheel of the said bus has passed on the legs of the claimant. The claimant has sustained injury and filed claim petition. The Tribunal has assessed the compensation and passed the award. Being not satisfied with compensation awarded by the Tribunal, the claimant has filed this appeal for enhancement of compensation.
3. Heard learned counsel for the appellant and learned counsel for respondent No.2.
4. Learned counsel for the appellant would contend that the claimant was aged 07 years as on the date o
Assessment of compensation for personal injury must consider loss of future income, ongoing medical treatment, and statutory guidelines for notional income.
Compensation for injuries must consider appropriate income benchmarks and disability assessments to ensure fair redress.
The court determined that the proper assessment of compensation must account for permanent disability and its impact on future income, thereby enhancing the award to the claimant.
Appellate courts must adjust errors when lower courts misapply law, especially in calculating compensation based on disability and income, to ensure just outcomes.
The court modified compensation based on enhanced computation for injuries, emphasizing just compensation for loss due to disability from an accident.
Court increased compensation for injuries, considering future income loss, pain, and suffering, ultimately awarding Rs.13,92,800.
The court holds that compensation assessments must address actual income loss and future medical needs, especially in cases of permanent disability.
The court clarified that compensation for injury claims must reflect true income loss and future prospects, especially for young claimants facing permanent disabilities.
The court reaffirmed the need for adequate compensation for injuries, addressing the proper assessment of functional disability and pain, leading to a modification of the total awarded compensation b....
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