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Judgment
B. Manohar, J.—The claimant has filed this appeal, being aggrieved by the judgment and award dated 05-08-2010 made in MVC No. 1024/2009 passed by the Fast Track-IV and Motor Accidents Claims Tribunal, Belgaum (for short ''the Tribunal'') seeking for enhancement of the compensation. In the claim petition it was contended that on 02.01.2009 at about 10.30 p.m. he was standing by the side of the road near Devershigihalli Service Road waiting for a bus. At that time, a Hero Honda motor cycle bearing Regn. No. KA-24/H-9034 came from Itagi cross road in a rash and negligent manner with high speed and dashed against the claimant. Due to the accident, he has sustained grievous injuries to the right leg and other parts of the body. Immediately he was shifted to the District Hospital, Belgaum for treatment and he was inpatient there for a period of 14 days. He has under gone. operation, plates and screws were inserted. For the injuries he has sustained in the accident, the claimant filed claim petition seeking compensation of Rs. 7,00,000/-.
The respondents entered appearance. The first respondent, owner of the offending vehicle denied the averments made in the claim petition and contended that the claimant suddenly crossed the road, and he lost control over the vehicle and dashed against the claimant. He also contended that the injuries are simple in nature and he was holding the valid driving license at the time accident and sought for dismissal of the claim petition as against the first respondent.
The second respondent-Insurer filed objections denying the entire averments made in the claim petition. It was also contended that there was no such accident as alleged by the claimant. In order to claim compensation, a false case has been foisted and hence sought for dismissal. of the claim petition.
The Tribunal after considering the oral and documentary evidence adduced by the parties and also taking into consideration copy of the complaint, Spot Panchanama, sketch, MV-I report, charge sheet and further taking into consideration the wound certificate Ex. P8, awarded compensation of Rs. 1,29,000/- with interest at 6% p.a. from the date of petition till realization. The claimant, being unsatisfied with the quantum of compensation awarded by the Tribunal filed this appeal.
Sri. Vitthal S. Teli, learned Counsel appearing for the appellant contended that the impugned judgment and award passed by the Tribunal is contrary to law and the compensation awarded by the Tribunal is very meager. Without taking into consideration the income, the injuries sustained by the claimant and surgery he has undergone, the Tribunal has awarded very less compensation. Hence, sought for enhancement of the compensation.
On the other hand, Sri. A.G. Jadhav, learned Counsel appearing for the second respondent argued in support of the judgment and award passed by the Tribunal and sought for dismissal of the claim petition.
I have carefully considered the arguments addressed by the learned Counsel for the parties, perused the impugned judgment and award and the oral and documentary evidence adduced by the parties. The records clearly disclose that the claimant has sustained injuries in the road traffic accident occurred on 02.01.2009 near Devershigihalli Service Road. He has taken treatment in the District Hospital and was inpatient for a period of 14 days. In the accident he has sustained comminuted fracture of right femur at its lower 3rd. In the operation plates and screws were implanted. Though the Doctor assessed the disability of the claimant to an extent of 40% to the lower limb, the Tribunal has taken only 10% to the whole body while awarding compensation. The Tribunal has taken the income of the claimant at Rs. 3,000/- p.m. The claimant was working as a mason and was earning income of Rs. 5,000/- p.m. Hence I am of the opinion that the compensation awarded by the Tribunal is on the lower side. The Tribunal ought to have taken the income of the claimant as Rs. 4,500/- p.m. instead of Rs. 3,000/- p.m. Taking into consideration the income at Rs. 4,500/- p.m., the claimant is entitled for another sum of Rs. 28,800/- which is rounded of to Rs. 30,000/- towards loss of earning capacity. Accordingly, I pass the following:
ORDER
The Appeal is allowed in part. The impugned judgment and award dated 05.08.2010 made in MVC No. 1024/2009 passed by the Fast Track IV & MACT is modified. The claimant is entitled to enhanced compensation of Rs. 30,000/- in addition to Rs. 1,29,000/- awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till realization.