CAV JUDGMENT

This appeal is filed by the injured-claimant challenging the judgment and award dated 08.09.2017 passed in M.V.C. No.3238/2013 by the XXI A.C.M.M and XXIII A.S.C.J, Motor Accident Claims Tribunal, Bengaluru, (SCCH-25), (for short 'Tribunal') seeking for higher compensation.

2. Sri.Suresh M.Latur, learned counsel for the appellant submits that the Tribunal has erred in assessing the income of the injured-appellant. It is submitted that the Tribunal erred in appreciating the evidence of PW-1 and other medical records. It is further submitted that the functional disability of the appellant-claimant is required to be calculated at 100% as he is unable to perform any activity. It is also submitted that the award of compensation on all other heads is also on the lower side. Hence, he seeks to allow the appeal and enhance the compensation. In support of his contentions, he placed reliance on the decision of the Hon'ble Supreme Court in the case of LALAN D. AND ANOTHER Vs. ORIENTAL INSURANCE COMPANY LTD., 2020 ACJ 2517 and the decision of this Court in the case of MANJUNATH Vs. SUNIL AND ANOTHER, 2023 ACJ 490. Hence, he seeks to allow the appeal.

3. Per contra, Sri.O.Mahesh, lear