JUDGMENT :

1. Both these appeals arise out of the common judgment dated 26.03.2019 passed by the Motor Accident Claims Tribunal, Raichur (hereinafter referred to as ‘Claims Tribunal’ for short). MFA No.201174/2019 is filed by the injured claimant in MVC No.269/2017 seeking for enhancement of compensation. And MFA No. 201660/2019 (in M.V.C. No.194/2017) is filed by the legal heirs of deceased Ramesh seeking for enhancement of the compensation against the award in MVC No.194/2017.

2. Facts giving rise to filing of these appeals are that on 27.03.2017 the appellantNagaraj and one Ramesh were traveling on a HeroHonda motorcycle, bearing registration No.KA36/EH3403 on Lingasugur–Raichur road. At that time, the driver of the Maruti Omni van, bearing registration No.KA37/M2343 drove the same in rash and negligent manner, without showing any signal, suddenly took the said van towards left side and hit the motorcycle. As a result, rider and pillion rider of the motorcycle fell down and sustained injuries. Both the injured were taken to RIMS Hospital Raichur. Ramesh, the rider of the motorcycle succumbed to his injuries during treatment. The pillion rider Nagaraj suffered permanent disability. MVC No.269/2017 is filed by the injured claimant Nagaraj seeking for compensation of Rs.85,00,000/. On receipt of notice, respondent No. 2insurer filed written statement denying the date, time and place of accident and also the involvement of the insured vehicle. It also denied the age, occupation and income of the claimant. It was further contended that there was violation of policy condition and hence it was not liable to pay any compensation. Based on the said pleadings, the Tribunal framed issues and recorded evidence. The claimant got himself examined as PW1 and marked documents namely, the FIR with complaint, spot panchanama, MVI report, charge sheet, wound certificate, discharge summary, disability certificate, medical bills and etc. The respondent examined one witness as RW1 and marked four documents as Ex.R1 to R4. Thereafter, the Claims Tribunal held that the accident had occurred due to the rash and negligent driving by the driver of the car and held respondents No.1 and 2 to pay the compensation to the claimant. It assessed the compensation payable to the petitioner in a sum of Rs.13,95,700/with interest at 6% p.a. Seeking for enhancement of compensation MFA No.201174/2019 is filed.

3. Since, there is no challenge to the award by the respondent–Insurance Company, the only issue that arises for consideration is ‘whether the claimant is entitled for enhancement of compensation?’.

4. Learned counsel Smt. Patil Shantabai Santhosh submitted that the claimant had suffered segmental fracture injury to both bones of right forearm, brachial plexus injury, Baci cervical fracture of right hip and fracture of shaft of right femur and other injuries all over the body, for which initially he was taken treatment in RIMS Hospital later on he was shifted to Suraksha hospital, Raichur wherein he has undergone 23 surgeries and incurred expenses to the tune of Rs.10,00,000/. It was also submitted that the claimant had undergone surgery in Suraksha Hospital and implants were fixed with closed reduction and interlocking nail fixation with TENS nail for fracture of both bones of right forearm and PFN nailing for fracture shaft of right femur. The claimant had also undergone treatment for fracture of his spine. As per the evidence of PW3 Dr. Harish Murthy, the claimant has suffered the following disabilities.

“The ROM of knee is around 070 degrees. Inability to bend forward and shortening of about ½ cm right lower limb. The ankle ROM flexion is around 015 degrees & Dorsi flexion is about 010 degrees. The inversion and Eversion are Reversion and are painful. Not able to climb the steps and to walk for a long distance. Not able to squat. Difficulty to wal