The main legal point established in the judgment is that the court re-assessed the compensation payable for various heads based on the evidence presented and found that there was no loss of earning capacity or earnings due to the appellant continuing her occupation as a teacher after the accident.

K.S. Mudagal, J.

1. This claimant's appeal arises out of the judgment and award dated 26.06.2012 passed by the Principal District Judge and JMFC, Chikmagalur in MVC No.59/2010. By the impugned Award, the Tribunal has granted compensation of Rs.60,500/-.

2. On 14.09.2009, at 5.30 a.m., the appellant and her colleague A.M. Erappa, after attending Teachers' Selection Examination were returning from Gangavathi to Mudigere in Maruthi Car bearing No.KA-18/4435. When they were proceeding near Buntara Bhavana of Mugthihalli Village, due to rash and negligent driving by its driver, the car hit the road side tree and met with an accident. The appellant and her colleague suffered injuries in the accident. Respondent No.2 is the owner of the vehicle. Respondent No.3 is the insurer of the offending vehicle.

3. The appellant and A.M. Erappa filed MVC No.59/2010 and MVC No.14/2010 respectively contending that the accident occurred due to rash and negligent driving of the car by the first respondent. They further contended that in the accident, they suffered injuries and consequent disability. The present appellant, in her petition namely MVC 59/2010 claimed compensation of Rs.3.00 Lakhs.

4. The respondents filed their objection statement to the petition. However, thereafter the insurer/respondent no.3 alone contested the matter. The insurer contested the petition denying the accident, age, occupation and the income of the appellant. The insurer further contended that there is breach of policy condition therefore it is not liable to pay compensation.

5. The parties adduced evidence. On behalf of the claimants, PWs.1 to 3 were examined and exhibits P.1 to P.17 were marked. The respondents did not adduce any oral evidence. However, the insurer got marked copy of the insurance policy at Exhibit R.1 and the owner of the vehicle got marked 'B' Register Extract at Exhibit R.2. The Tribunal after hearing the parties awarded compensation of Rs.60,500/- to the appellant/claimant on the following heads:

Sl. No.	Heads	Amount Rs.
1	Injuries	23,000.00
2	Loss of Income during the laid up period	12,000.00
3	Loss of amenities and enjoyment in life	20,000.00
4	Medical Expenses	3,000.00
5	Attendant's charges, diet, conveyance and other incidental expenses	2,500.00
	Total	60,500.00

6. Sri Vinod Gowda, learned Counsel for the appellant seeks to assail the Award on the following grounds:

(i) The Tribunal has not awarded any compensation on the head of loss of future earning;

(ii) The income of the claimant assessed by the Tribunal is on the lower side;

(iii) The compensation awarded on the other heads is also on the lower side.

7. Sri R. Jaiprakash, learned Counsel for respondent/insurer seeks to justify the award on the following grounds:

(i) The claimant has continued in her service. Therefore, there is no loss of earning or earning capacity;

(ii) The compensation awarded on other heads is based on the evidence adduced by the parties.

8. This appeal is confined to the Award in MVC No.59/2010. None of the respondents have challenged the findings on the occurrence of the accident or the rashness and negligence on the part of the first respondent/driver or the liability of the insurer. Therefore, the only question that arises for consideration in this appeal is whether the compensation awarded is just and proper?

Reg. Loss of future earning:

9. The petitioner in the petition contended that she suffered the following injuries:

(i) Fracture of right tibia

(ii) Injuries on left side of the forehead and other parts of the body.

She claimed that she was first treated in Government Hospital, Chikmagalur and then treated as in-patient from 14.09.2009 to 23.09.2009 in M.G. Hospital, Chikmagalur.

10. To substantiate that contention, she produced Exhibit P.12, the Discharge Summary issued by the M.G. Hospital, Chikmagalur. As per the