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Kantharaju v. Manager, Cholamandalam Gen. Ins. Co. L. & Anr.

This is a case wherein the claimant is an agriculture labourer who suffered injuries in a road accident and he has been awarded Rs. 10,000/- under the head “Loss of amenities”.

(Anil R. Dave and Adarsh Kumar Goel, JJ.)

 

Kantharaju __________________________________ Appellant

 

v.

 

Manager, Cholamandalam Gen. Ins. Co. L. & Anr. ___ Respondent(s)

 

Civil Appeal No. 8680 of 2015, decided on October 13, 2015

[arising out of S.L.P. (Civil) No. 17744/2014]

 

The Judgement of the court was delivered by

Anil R. Dave, J.:—

 

1. Leave granted.

 

2. This is a case wherein the claimant is an agriculture labourer who suffered injuries in a road accident and he has been awarded Rs. 10,000/- under the head “Loss of amenities”.

 

3. On the perusal of the impugned judgment we find that the claimant had suffered compound fracture of right leg patella and in our opinion amount of Rs. 10,000/- awarded for the “loss of amenities” appears to be on lower side.

 

4. We increase the same to Rs. 35,000/- which, in our opinion, is quite reasonable looking at the fact that he is an agriculture labourer and he has to use his legs for doing daily work in the fields.

 

5. The award and the impugned judgment stand modified to the effect that an increased sum of Rs. 25,000/- will be awarded to the appellant.

 

6. The appeal stands disposed of as allowed to the above extent. There shall be no order as to costs.

 

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