N.K. Sudhindrarao, J.

This appeal is preferred by the insurance company seeking setting aside of the judgment and award passed in MVC No. 1306/2014, dated 4-11-2015 by the learned Senior Civil Judge and MACT, Maddur wherein the claimant therein was awarded compensation of Rs. 3,81,520/- together with interest at the rate of 7% p.a. from the date of filing of the petition by the later as against the claimed amount of Rs. 30,00,000/-.

2. To avoid confusions and overlapping, the parties are hereafter are addressed with reference to their respective rankings before the Tribunal.

3. The claim petition came to be filed in MVC No. 1306/2014 because of the road traffic accident which occurred on 4-3-2014.

4. On 4-3-2014 at about 11.00 a.m., petitioner was proceeding as a pillion rider on a motorcycle Hero Honda Splendor bearing Reg. No. K.A. 11-W-0993 from Maddur towards Vaidyanathapura Nagarakere main road. Meanwhile a stray dog came across the motorcycle. The rider in order to avoid the dog applied sudden break, because of which lost control and the petitioner fell down and sustained injuries.

5. He claims that he was treated at Government Hospital, Maddur and spent Rs. 2 lacs towards medical expenses and Rs. 50,000/- towards food, transportation and incidental charges. Also claims that he was earning Rs. 15,000/- per month prior to accident. The owner of the vehicle who was arrayed as respondent No. 1 before the Tribunal contended that his vehicle was insured with the 2nd respondent and in case of any compensation payable it has to be by the insurance company.

6. The insurance company-appellant contended that the vehicle in question was not insured and the rider had no valid and proper driving license.

7. Heard both the parties. Perused the records.

8. On the basis of the material propositions asserted by one party, denied by the other, and available materials, the Tribunal framed issues regarding the accident, dated 4-3-2014, negligence, grievous injuries to claimant and his entitlement for compensation. The petitioner therein examined himself as PW-1 and Dr. Girishchandra as CW1. Exs. P1 to P9 which included FIR, charge sheet, IMV report, medical prescriptions and X-rays. The Tribunal also perused Exs. C1 to C 3. The insurance company examined RW1 - Shivamadaiah, RW2-Dr. K. M. Basavaraju and RW3- Sridhar and got marked Exs. R1 to R5 including the insurance policy.

9. The Insurance company has denied the claim in principle including the accident, injuries to appellant and disability of 42% for particular limb. The doctor who was examined as CW1 certifies that the claimant suffered 42% of permanent disability on the left lower limb. But the same is not explained. In this connection the Tribunal accepts the disability at 12%. Insofar as the monthly income of the claimant prior to the date of incident is claimed at Rs. 15,000/- from car driving and Rs. 5,000/- from agriculture. The Tribunal considers it at Rs. 6,000/- as his notional monthly income.

10. Thus, the loss of income to the claimant is calculated at Rs. 6,000/- (monthly income) x 12 x 18 = 12,96,000 x 12/100 = Rs. 1,55,520/- and insofar as medical expenses are concerned considering the surgery and incidental expenses incurred, Tribunal awarded Rs. 35,000/- towards pain and suffering and loss of amenities at Rs. 20,000/-, regarding medical expenses considering the medical bills submitted by the claimant, the Tribunal rounded up Rs. 1,45,907/- to Rs. 1,53,000/-. Insofar as the claim for loss of income during the laid up period considering the period of three months, income of Rs. 6,000/- per month, granted Rs. 18,000/- and totally granted Rs. 3,81,520/- together with interest 7% p.a. from the date of the petition till realization.

11. The doctor RW2 who was examined on the side of the insurance company, deposed that petitioner was a pillion rider on the motorcycle on 4-3-