Assessment of compensation under the Motor Vehicles Act is based on notional income, disability percentage, and various heads of compensation for injuries sustained in a road traffic accident.

JUDGMENT

H.T. Narendra Prasad, J. - This appeal under Section 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 dated 21.09.2019 passed by the Additional Senior Civil Judge & JMFC, Ramanagara in MVC No. 509/2016.

2. Facts giving rise to the filing of the appeal briefly stated are that on 04.12.2015 at about 03.15 P.M. the claimant was going from Revanasiddeshwara Hill towards Averahalli Gate in Auto rickshaw bearing Registration No. KA-42-4136. When the said Auto Rickshaw reached near Averahalli Gate, the driver of the Lorry bearing Registration No. KA-05-AD-3752 drove the same in a rash and negligent manner and dashed against the Auto Rickshaw. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

3. The claimant filed a petition under Section 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 No. 2 appeared through counsel and filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. The driver of the offending vehicle did not have valid driving licence and was plying beyond the permitted limit and without fitness certificate as on the date of the accident. The liability is subject to terms and conditions of the policy. 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. The respondent No. 1 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.

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-1 and Dr. Manjunatha H, was examined as PW-2 and got exhibited documents namely Ex. P1 to Ex. P11. On behalf of the respondents, one witness was examined as RW-1 and got exhibited documents namely Ex. R1 to Ex. R2. 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. 2,42,000/- along with interest at the rate of 7% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.

6. Sri Raju. S, learned counsel for the claimant has raised the following contentions:

Firstly, even though the claimant claims that he was working as a mason and earning Rs. 1,000/- per day, but the Tribunal has taken the notional income as merely as Rs. 6,000/- per month.

Secondly, PW-2, the doctor has stated in his evidence that the claimant has suffered permanent physical and functional disability of 8% to the left arm and 18% to the left forearm and hand and 24% to the whole body. But the Tribunal has erred in taking the whole body disability at only 8.66%.

Thirdly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 84 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, he sought for enhancement of comp