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HIGH COURT OF KARNATAKA
MR. PRADEEP SINGH YERUR, J
UNITED INDIA INSURANCE CO., LTD. – Appellant
Versus
SRI NAGENDRA – Respondent
| Table of Content |
|---|
| 1. review of facts surrounding the accident. (Para 1 , 4 , 5) |
| 2. discussion on the significance of lost earning capacity due to injury. (Para 7 , 10 , 11 , 20) |
| 3. assessment of income considering minimum wage laws. (Para 8 , 12) |
| 4. final conclusion on the loss of capacity due to injuries. (Para 28 , 30) |
JUDGMENT
MFA.No.8801/2018 is preferred by the Insurance Company whereas MFA.No.334/2020 is preferred by the petitioner challenging the judgment and award dated 13.07.2018 passed in ECA .No.11/2014 by the Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, H.D.Kote (for short ‘trial Court’). The appeal preferred by the Insurer is premised on the ground of perversity, arbitrariness and exorbitant amount of compensation awarded, whereas the appeal preferred by the petitioner is premised on the ground of wrong assessment of income and inadequacy of compensation.
2. Parties to the appeals shall be referred to as per their status before the trial Court.
3. Brief facts of the case is as under:
Petitioner was an employee under respondent No.1, wherein he was working as a driver of jeep bearing registration No.KA-12-M-4781. On 01.05.2011, at about 9.30 p.m. when petitione
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