The main legal point established in the judgment is the reassessment of compensation for injuries sustained in a motor vehicle accident, considering the claimant's permanent disability, loss of income, and liability of the insurers.

JUDGMENT :

K. Somashekar, J.

This appeal is preferred against the judgment and award dated 05.09.2011 rendered by the Senior Civil Judge and AMACT, Karkala in MVC No.268/2006 seeking enhancement of compensation.

2. The factual matrix of the appeal is as under: It is stated in the claim petition that on 30.04.2001 while the petitioner was traveling in the bus bearing Reg.No.KA-19-A-369 from Mangalore towards Belvai near Mijar Garodi of Tenkamijar Village, the driver of the Tempo bearing Reg.No.KA-19-A-1628 came from opposite side in a rash and negligent manner and due to rash and negligent manner of driving of drivers of both the vehicles, they dashed against each other, as a result of the accident, the petitioner sustained injuries and he was shifted to Vijaya Hospital, Mangalore and he took treatment as inpatient for 7 days and has undergone medical surgery and he has spent huge amount towards medical expenses. At the time of accident, he was working as agriculturist and building contractor and was earning Rs.15,000/- p.m. On account of injuries, he has been permanently disabled and not in a position to do the same work in future. On all these grounds he filed the claim petition before the MACT seeking compensation.

3. After service of notice, first respondent remained absent and was placed exparte. Third respondent though appeared did not choose to file written statement. Second and fourth respondent entered appearance and filed separate written statements denying the petition averments and sought for dismissal of the petition.

4. Based upon the pleadings, the Tribunal framed the issues. In order to prove his case, petitioner examined himself as PW.1 and got marked Exs.P1 to P12. On behalf of respondents, no documents were produced nor any evidence was adduced. After hearing the arguments of learned counsel on both sides and on appreciation of oral and documentary evidence on record, the Tribunal passed the impugned judgment, awarding compensation of Rs.78,000/- with interest on Rs.68,000/- @ 6% from the date of petition till realisation. Further, the Tribunal held that respondent nos.1 and 2 are jointly and severally liable to pay 50% of the compensation and respondent nos. 3 and 4 are jointly and severally liable to pay 50% of the compensation with proportionate interest. But the primarily liability was fixed on respondent nos.2 and 4 being the insurers. It is this judgment which is under challenge in this appeal seeking for enhancement of compensation.

5. Learned counsel for the appellant contends that the award passed by the Tribunal is contrary to the oral and documentary evidence available on record and the same requires to be modified. The Tribunal has erred in awarding meager compensation towards injury, pain and suffering as against the injuries sustained by the appellant and nature of treatment taken by him. Further, the compensation awarded towards medical expenses is also lower side and the same needs enhancement. He contends that prior to accident the appellant was hale and healthy and due to the accident he has suffered permanent disability and the doctor has assessed that he is having 20% of permanent disability on right forearm. But without considering this aspect, the Tribunal has awarded lower compensation towards disability and loss of amenities. Further the appellant was doing agriculture work and earning Rs.15,000/- p.m. but whereas the Tribunal has assessed income only at Rs.3,000/- p.m. which is highly arbitrary. Further, the compensation awarded towards medical expenses, food, attendant and conveyance charges is on lower side and the same needs enhancement. On all these grounds, the learned counsel for the appellant seeks for enhancement of compensation by allowing the present appeal.

6. Per contra, Sri O. Mahesh, learned counsel for the respondent no.4 denies the accident in question and the manner in w