The main legal point established is the assessment of compensation in road traffic accident cases based on the claimant's injuries, loss of income, and future income, considering the nature of injuries and treatment duration.

JUDGMENT

1. This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment and decree dtd. 24/11/2018 passed by the Principal Senior Civil Judge, Member, MACT-IV, Davangere in MVC No.313/2018.

2. Facts giving rise to the filing of the appeal briefly stated are that on 27/12/2017, the claimant as a pillion rider was proceeding on the Hero Honda Passion Motor Cycle bearing Registration No.KA-17/V8251 from Davanagere to Chitradurga, the said vehicle was driven by the rider in a moderate speed on left side of NH4 road, when it reached near Anagodu NH4 road, at about 11.30 A.M., the driver of the Maruthi Alto Car bearing Registration No.KA01/MG-8678 drove the same in a rash and negligent manner endangering the human life with great speed and dashed against the motorcycle. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

3. The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

4. On service of notice, the respondent Nos.1 and 2 being the owner and the insurer of the offending vehicle have appeared through counsel and filed written statement in which the averments made in the petition were denied. The age, avocation and income of the claimant and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition.

5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-2 and Dr. D. Maheshwarappa was examined as PW-3 and got exhibited documents namely Ex.P1 to Ex.P16. On behalf of the respondents, no witness was examined but got exhibited document namely Ex.R1. The Claims 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.1, 65, 280.00 along with interest at the rate of 8% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.

6. The learned counsel for the claimant has raised the following contentions: Firstly, even though the claimant claims that he was doing mason work and earning Rs.15, 000.00 per month, but the Tribunal has taken the notional income as merely as Rs.9, 000.00 per month. Secondly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 13 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the compensation granted by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other heads are on the lower side. Hence, she sought for allowing the appeal.

7. On the other hand, the learned counsel for the Insurance Company has raised following counter contentions:

Firstly, even though the claimant claims that he was earning Rs.15, 000.00 per month, he has not produced any documents to establish his income. Therefore, the Tribunal has rightly assessed the income of the claimant notionally.

Secondly, the injuries suffered by the claimant are minor in nature. Considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the Trib