Assessment of compensation under the Motor Vehicles Act is based on notional income guidelines when actual income is not proved, and disability percentage should be considered in determining the compensation.

JUDGMENT

M Nagaprasanna, J. - This appeal, though listed for admission, is taken up for final disposal with the consent of the learned counsel appearing for the parties.

2. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dated 9.11.2015 passed by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Kundapura, in M.V.C. No.99/2014.

2. Facts giving rise to the filing of the appeal briefly stated are that the claimant on 24.11.2013 at about 11.00 a.m. was riding a motor cycle bearing registration No. KA-20-J-4692 from Halealive side towards Koteshwara. When he reached near Manjushree Stores, Kambri, Koteshwara village, a motor cycle bearing registration No.KA-20-X-1235 came from Koteshwara towards Halealive side, which was being driven by its driver in a rash and negligent manner, lost control and dashed against motor cycle of the claimant. Due to the injuries sustained, the claimant was immediately shifted to N.R.A.M. Hospital and took treatment as inpatient from 24.11.2013 to 15.12.2013 and was thereafter shifted to KMC hospital, Manipal, for further treatment. In all, the claimant claims to have spent Rs.1,25,000/- towards medial expenses, Rs.65,000/- towards nourishing food, Rs.40,000/- towards conveyance and Rs.85,000/- towards future medical expenses. The claimant filed a claim petition before the Tribunal contending that he was a mason and also a coolie earning about Rs.15,000/- per month and due to accidental injuries, suffered huge loss and also future income and claimed compensation to the tune of Rs.21,15,000/- along with interest.

3. On service of notice, the 1st respondent remained absent and placed ex-parte. The 2nd respondent-insurance company filed statement of objections admitting the policy in respect of motor cycle bearing registration No. No.KA-20-X-1235, but denied that the accident had occurred due to rash and negligent driving of the offending vehicle. It was also contended that the claimant did not possess a valid driving licence. It was also contended that the claim petition of the claimant was fraudulent.

4. On the basis of the pleadings of the parties, the Tribunal framed the issues and thereafter recorded the evidence. The claimant, in order to prove his case, examined three witnesses namely P.Ws.1 to 3 and produced 17 documents namely Ex.P1 to Ex.P.17. P.W.1 is the claimant himself, P.W. 2 is the eye witness and P.W.3 is an Associate Professor of Psychiatry, Manipal, who assessed the claimant with regard to his disability. The Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.2,40,750/-. Being aggrieved by the award of such compensation by the Tribunal, the claimant has preferred the instant appeal seeking enhancement of compensation.

5. We have heard Sri Nagaraja H.R., learned Counsel appearing for the appellant and Sri O. Mahesh, learned Counsel appearing for respondent No.2.

6. Learned counsel for the appellant would contend that the award of compensation by the Tribunal is meager as the Tribunal has taken the income of the claimant at Rs.7,000/- per month and it is erroneous as the claimant was earning Rs.15,000/- per month. It is contended that the disability of the claimant which is a cognitive disability at 17% assessed by the doctor is ignored by the Tribunal.

7. On the other hand, learned Counsel respondent insurance company would contend that there was no proof for the income of the claimant to be at Rs.15,000/- per month and in the absence of proof, since the claimant was a mason cum coolie, minimum wages according to the chart for workmen for the year 2013 will have to be taken into consideration and i.