Point of law: Where the claimant suffers a permanent disability as a result of injuries, assessment of compensation under the head of loss of future earnings, would depend upon the effect and impact of such permanent disability on his earning capacity.

JUDGMENT :

M.F.A.No.101415/2019 is filed by the New India Assurance Co. Ltd., challenging the liability as well as the quantum of compensation. M.F.A.No.102280/2019 is filed by Sri Vilas, injured claimant seeking for enhancement of compensation. These appeals are arising out of the impugned judgment and award dated 25.01.2019 passed by III Adl. Senior Civil Judge and Addl. MACT, Belagavi in M.V.C.No.1317/2017.

2. Brief facts giving raise to the filing of these appeals are that the appellant/claimant has filed claim petition under Section 166 of Motor Vehicle Act, 1988 seeking compensation for the injuries suffered by him in the road accident taken place on 11.05.2017. It is averred that the appellant injured on 11.05.2017 at about 11.45 p.m. had parked his truck bearing registration No.MH-43/U-1431 by the side of NH-4 near KLE Bye Pass Road, Belagavi applying parking lights and he was standing in front of his truck. At that time, one Ashok Leyland goods carrier vehicle bearing registration NO.MH-12/NX-19008 came from rear side in a rash and negligent manner and dashed his truck. Due to the mpact of the dash, the vehicle of the claimant moved ahead and he sustained grievous injuries. He was shifted to Sri Ortho and Trauma Centre, Belagavi and he was inpatient from 12.05.2017 to 20.06.2017, underwent surgery and incurred huge expenditures. The police registered the crime and investigated the case. It is further averred that the appellant/claimant was working as a driver and earning Rs.16,000/-p.m. and was aged about 25 years at the time of accident. Due to the accident, his left leg was amputed and he is unable to do any type of work as well as driving work and sustained 100% physical disability, he requires regular attendant to do date-to-day activities. It is also averred that the accident took place due to the sole rash and negligent driving of the driver of the vehicle bearing registration No.MH-12/NX-9008. It is averred that the respondent Nos.1 and 3 are the owners and respondent Nos.2 and 4 being the insurers of these vehicles are jointly and severally liable to pay the compensation.

3. The respondent No.1 and 3 did not appear before the Tribunal and placed exparte. Respondent Nos.2 and 4 appeared. The respondent No.2 filed statement of objections contending that the accident did not take place due to the rash and negligent driving of the vehicle bearing No.MH-12/NX-9008 but due to the wrong parking of the lorry by the injured claimant. He had parked the vehicle without any indication and the injured claimant has sustained injuries due to dashing of his own vehicle and not the vehicle bearing No.MH-12/NX-9008. It is averred that the injured claimant incorrectly stated his age, occupation and income and denied the injuries suffered by the injured claimant. It is also averred that the accident in question has occurred due to the negligent parking of the Appellant/claimant himself without any indication of its presence to the traffic passing on the road by not switching on the parking lights and it is he alone is responsible for the accident and sought the Tribunal for fastening 100% liability on the injured claimant.

4. The Tribunal has framed the issues and recorded the evidence of the parties. The appellant injured examined himself as PW-1 and Dr. S.D. Patil as PW-2 and got marked Exs.P-1 to P-25. The respondents examined two witnesses as RW-1 and RW-2 and got marked documents at Exs.R-1 to R-31. The Tribunal on appreciation of material on record has awarded total compensation of Rs.7,26,095/-with interest at 6% p.a. from the date of petition till realisation. However, saddled 70% liability to pay the compensation on the insurer of the vehicle bearing No.MH-12/NX-9008 and 30% contributory negligence on the part of the claimant. Thus, the tribunal awarded a sum of Rs.5,08,266/-to the claimant.

5. Learned counsel Sri M.K. So