The main legal point established in the judgment is the assessment of liability in a motor vehicle accident, including the absence of evidence for contributory negligence and the assessment of permanent disability, future earning capacity, and other compensations.

JUDGMENT

S. Vishwajith Shetty, J. - These two appeals arise from the judgment and award dated 04.12.2018 passed by the Court of Prl. Senior Civil Judge and M.A.C.T., Gokak in M.V.C. No.877/2017.

2. M.F.A.No.101230/2019 has been filed by the insurer challenging the impugned judgment and award on the ground of liability and quantum while M.F.A.No.100349/2019 has been filed by the claimant seeking enhancement of compensation.

3. Brief facts of the case are, on 29.01.2017, claimant Satish Shetty along with his friend Harshanandan Shetty was waiting on Chachadi cross road, for a transport to reach his village Yaragatti. At about 1.00 a.m., a Volkswagen Vento car bearing registration No.KA-56/M-3339 driven in a rash and negligent manner dashed against the claimant. As a result, claimant sustained grievous injuries all over his body. Immediately he was shifted to Dr.R.B.Patagundi's Hospital wherein he was admitted as an inpatient. His left leg was amputed and he was discharged from the said hospital on 08.02.2017 and on advice, he was later shifted to Dr. N.R. Acharya Hospital, Koteswar for further treatment. In the accident, claimant has suffered the following injuries:

1) comminuted fracture shaft femur M/3 right side

2) Open type 3C comminuted fracture tibia with segmental fracture right leg

3) Crushed degloved wound on right leg exposing fracture fragments and muscles, vitals with loss of skin on leg

4) Crushed degloved contaminated wound from knee to toe with loss of complete skin posterior tibula and artery injury

5) Fracture radius and ulna L/3 right FA with haeontionon forearm

6) 6) comminuted fracture 1st MC and fracture of 2nd, 3rd and 4th MC of right hand

4. Claimant has filed M.V.C.No.877/2017 before the Tribunal claiming a total compensation of Rs.50,00,000/- with 21% interest p.a. from the date of petition till the date of deposit. The Tribunal, in all, has awarded the compensation of Rs.23,02,085/- with interest at 8% p.a. from the date of petition till realization.

5. Learned counsel for the insurer submitted that the accident in question had taken place in the middle of the road at midnight. According to him, the claimant who was in a hurry to reach his village, appears to have come in the middle of the road to stop the oncoming vehicle and resultantly, the accident had occurred. Therefore, claimant had also contributed to the accident. He further submitted that the Tribunal has erroneously assessed the permanent disability to the whole body of claimant at 80% and thereby excessive compensation has been awarded to the claimant.

6. On the other hand, learned counsel for the claimant submitted that neither the insurer nor the owner of the vehicle have pleaded before the Tribunal about the contributory negligence. He also submitted that no evidence was led by the contesting respondents to establish the contributory negligence of the claimant. He further submitted that the Tribunal has assessed the notional income of the claimant at Rs.8,000/- p.m. which is on the lower side and the Tribunal has also not considered the future prospects of the claimant having regard to the percentage of permanent disability suffered by him. In this context, he relies upon the judgment of the Hon'ble Apex Court in Civil Appeal Nos.2811-2812/2020 in the case of Erudhaya Priya Vs. State Express Transport Corporation Ltd. He prayed for enhancement of compensation awarded by the Tribunal.

7. We have carefully considered the rival contentions of both the parties and also perused the material evidence available on record.

8. The owner of the offending vehicle and the insurer have filed separate statement of objections before the Tribunal. They have not raised any contention with regard to contributory negligence by the claimant. Further, no evidence was led by them before the Tribunal to prove the contributory negligence of claimant. Admittedly, charge sheet has been filed by the police as against the driver of the offending vehicle. In the absen